S.Parthiban, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.6291 of 2018 S.Parthiban

...Petitioner

Versus

1.The Commissioner, Vellore Corporation, Vellore.

2.The Member Secretary, Vellore Local Planning Authority, Sathuvachari, Vellore.

3.The Executive Officer, Dharapadavedu III Grade Municipality Katpadi Taluk Vellore.

(Presently as Zonal offier, Zonal I Dharapadavedu, Katpadi TK, Vellore.) ... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 1st respondent herein to consider the representation of the petitioner dated 22.08.2017 and pass orders within a time frame. For Petitioner : Mr.R.Krishna Prasad for M/s.Sarvabhauman Associates.

For Respondents : Mr.S.Silambanan (for R1) Senior Counsel for Ms.P.Shanthi Mr.M.Elumalai Government Advocate (for RR2 &3)

O R D E R

The petitioner has come forward with this Writ Petition seeking for issuance of a Writ of Mandamus to direct the first respondent to consider his representation dated 22.08.2017.

2. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

3. The grievance of the petitioner is that pursuant to the order dated 21.03.2017 passed in W.P.No.20266 of 2014, the petitioner has submitted a detailed representation to the first respondent on 22.08.2017. But, it has not been considered and disposed of by the first respondent. Hence, the present writ petition.

4. Heard Mr.R.Krishna Prasad, learned counsel appearing for the petitioner, Mr.S.Silambannan, learned Senior Counsel appearing for the first respondent and Mr.M.Elumalai, learned Government Advocate appearing for respondents 2 & 3.

5. The Learned counsel appearing for the petitioner would submit that, it would suffice, if a direction is issued to the first respondent to consider the representation of the petitioner.

6. The learned Senior Counsel appearing for the first respondent submitted that the representation of the petitioner would be considered in the manner known to law.

7. In the light of the limited prayer sought for in this writ petition and the grievance expressed by the petitioner, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 22.08.2017 and dispose of the same, on merits and in accordance with law, after affording due opportunity to all the necessary parties within a period of eight weeks from the date of receipt of a copy of this order.

8.With the above direction, this writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar

To 1.The Commissioner, Vellore Corporation, Vellore.

2.The Member Secretary, Vellore Local Planning Authority, Sathuvachari, Vellore.

3.The Executive Officer, Dharapadavedu III Grade Municipality Katpadi Taluk Vellore.

+ 1 cc to M/s.Sarvabhauman Associates. Advocate,SR.21336 + 1 cc to Ms.P.Shanthi Advocate,SR.21050 W.P.No.6291 of 2018 sai(co) nr 12/04/2018