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Madras High CourtWP/1757/2022disposed of

S.Senthilkumar v. The District Collector,

2022-02-09Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.1757 of 2022 S.Senthilkumar

...Petitioner

Vs

1. The District Collector Thiruvallur District, Thiruvallur.

2. The Block Development Officer/Commissioner Panchayat Union, Villivakkam Panchayat Union, Villivakkam Taluk, Thiruvallur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents, particularly, the 2nd respondent to provide a Bunk Shop in the Panchayat Union Campus, Villivakkam and Taluk, Thiruvallur District or alternatively allot a shop in the proposed new constructing building to the petitioner on the basis of the petitioner's representation dated 05.07.2021. For Petitioner : Mr.R.Thanjan For Respondents : Mrs.Geetha Thamaraiselvan Special Government Pleader - R1 Mr.T.Chezhian Additional Government Pleader - R2

O R D E R

Mrs.Geetha Thamaraiselvan, learned Special Government Pleader and Mr.T.Chezhian, learned Additional Government Pleader accepts notice for R1 and R2 respectively and both are armed with instructions to proceed with the matter finally. Hence,

by consent of all counsel, this Writ Petition is disposed finally even at the stage of admission.

2.

The petitioner seeks a mandamus directing the respondents, particularly R2/Block Development Officer to provide a Bunk Shop in the Panchayat Union Campus, Villivakkam and Taluk, Thiruvallur District or alternatively, allot a shop in the proposed new constructing building.

3. The petitioner has sent an identical request under representations dated 05.07.2021 and 28.07.2021 to the respondents. Learned respondent counsel circulates a copy of proceedings under Na.Ka.No.1662/2021/A3 dated 24.09.2021 issued in response to the petitioner's representation.

4. The aforesaid communication only reveals the reason why the petitioner, who was running a xerox shop, was asked to vacate the premises occupied earlier.

5. In such circumstances and since the request of the petitioner for allotment of shop in the proposed building is yet pending, let the same be considered by the authorities in line with the applicable Rules and Regulations in this regard.

6. The mandamus as sought for is issued directing the second respondent to consider the representations of the petitioner dated 05.07.2021 and 28.07.2021, hear the petitioner and pass orders on merits and in accordance with law and all applicable Rules and Regulations within a period of four (4) weeks from today.

7. This Writ Petition is disposed with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar sl

To

1. The District Collector Thiruvallur District, Thiruvallur.

2. The Block Development Officer/Commissioner Panchayat Union, Villivakkam Panchayat Union, Villivakkam Taluk, Thiruvallur District.

+1cc to Mr.R.Thanjan, Advocate, S.R.No. 8196 +1cc to the Government Pleader, S.R.No.9009 W.P. No.1757 of 2022 EV(CO) SU(23/02/2022)