B.Senthilvel v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.3368 of 2018 B.Senthilvel Son of Bhagavathi Nadar .. Petitioner Vs.

1.The District Collector Tiruppur Tiruppur District.

2.The Additional Director Erode Town Panchayath Office of the District Collectorate Erode.

3.The Executive Officer Kannivadi Town Panchayath Kannivadi.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 25.12.2017 to open the public weekly market gate at 5.00 a.m. to 6.00 p.m. every Friday.

For Petitioner : Mr.R.Shase For Respondents : Mr.R.Govindasamy Special Government Pleader for R1 & R2 Mr.S.N.Parthasarathy Government Advocate, for R3

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents 1 and 2. Mr.S.N.Parthasarathy, learned Government Advocate takes notice for the third respondent. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents to consider his representation dated 25.12.2017, wherein and whereby, he sought for opening the "Friday weekly market" gate at 5.00 a.m. to 6.00 p.m. every Friday.

3. It is the case of the petitioner that the third respondent is opening the gate of the "Friday weekly market" on the previous day itself i.e. Thursday and closes the gate on the very next day i.e. Friday at an early hours. Therefore, it is contended by the petitioner that the persons who want to sell their agricultural produce in the "Friday weekly market" are prevented from utilizing the said market. Therefore, the petitioner made a request through the said representation for opening the "Friday weekly market" gate at 5.00 a.m. on every Friday morning and close it at 6.00 p.m. on the same day. As the said representation has not been considered so far, the petitioner has approached this Court and filed the present writ petition seeking for the relief as stated supra.

4. Needless to say that it is for the second respondent to consider the grievance of the petitioner and pass appropriate orders, after hearing all the parties concerned. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner. Accordingly, this writ petition is disposed of, only by directing the second respondent to consider the grievance of the petitioner and pass appropriate orders, after hearing all the parties concerned. Such exercise shall be done by the second respondent within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To 1.The District Collector Tiruppur Tiruppur District.

2.The Additional Director Erode Town Panchayath Office of the District Collectorate Erode.

3.The Executive Officer Kannivadi Town Panchayath Kannivadi.

+1cc to Mr.M.Guruprassad, Advocate, S.R.No.1244 W.P.No.3368 of 2018 AK(CO) RRK(05/03/2018)