T.Srinivasan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.Nos.8224 of 2018 T.Srinivasan

...Petitioner

Vs.

1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2. The District Collector cum the District Delimitation Officer, Urban Development Section, Collectorate, Kancheepuram.

3. The State Election Commissioner, 208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai - 600 106.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 1st respondent herein to consider and dispose of the representation dated 24.01.2018 raising objections regarding ceding certain areas from 182 to 186 and 186 to 184 and 184 to 182 are in an arbitrary manner in violation of the policy guidelines issued in G.O.No.288, dated 12.09.2017 and consequently, direct the first respondent to initiate appropriate actions on the basis of representations referred to above by providing an opportunity of hearing for the petitioner. For Petitioner : Mr.K.R.Boominathan For Respondents: Mr.T.C.Gopalakrishnan, Standing Counsel (for R1) Mr.V.Shanmuga Sundar, Spl.G.P. (for R2) Mr.B.Nedunchezian, (for R3)

ORDER

The petitioner has filed this petition for issuance a Writ of Mandamus to direct the 1st respondent herein to consider and dispose of the representation dated 24.01.2018, raising objections regarding ceding certain areas.

2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the 1st respondent, the learned Special Government Pleader for the 2nd respondent and the learned counsel for the 3rd respondent.

3. The learned counsel for the petitioner submitted that aggrieved over the notification issued under Act 23 of 2017, the petitioner gave a representation, since it was not considered, he has come up with this Writ Petition. Therefore, it would suffice, if a direction is issued to consider the representation.

4. The learned counsel for the respondents submitted that the 1st respondent is ready to consider the grievance of the petitioner in accordance with law.

5. In the light of the above submissions made by the learned counsels on either side, this Court without going into the merits of the case, directs the first respondent to consider the objections / representation of the petitioner dated 24.01.2018, on merits and in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to all the necessary parties.

6. With the above direction, this writ petition is disposed of. However there shall be no order as to costs. s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar pvs To

1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2. The District Collector cum the District Delimitation Officer, Urban Development Section, Collectorate, Kancheepuram.

3. The State Election Commissioner, 208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai - 600 106.

+1 CC to Mr.K.R. Boominathan, Advocate sr 26170. WP.Nos.8224 of 2018 SS(CO) SP(02/05/2018)