← Library
Madras High CourtWP/10261/2014disposed of

N.Padmanabhan, v. The Commissioner,

2016-08-01Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.10261 of 2014 N.Padmanabhan .. Petitioner Vs.

The Commissioner, Udhagamandalam Municipality, Udhagamandalam, The Nilgiris District.

.. Respondent The writ petition has been filed, under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to permit the petitioner to put up a temporary roof structure upon the third floor of his building, bearing Door No.218/15, Commercial Road, Udagamandalam, to protect his property.

For Petitioner : Ms.P.T.Asha for M/s.Sarvabhauman Associates For Respondent : No appearance

ORDER

Heard the learned counsel appearing on behalf of the petitioner. There is no appearance on behalf of the respondent. This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondent to permit the petitioner to put up a temporary roof structure, upon the third floor of his building, bearing Door No.218/15, Commercial Road, Udagamandalam, to protect his property.

Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the respondent is directed to consider and dispose of the letter of the petitioner, dated 22.01.2014, on https://hcservices.ecourts.gov.in/hcservices/

merits and in accordance with law, within a specified period. In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel, appearing on behalf of the petitioner, this Court finds it appropriate to direct the respondent to consider and dispose of the letter of the petitioner, dated 22.01.2014, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner and the other persons concerned, if any. The petitioner shall furnish a copy of the letter, dated 22.01.2014, to the respondent, along with a copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of the matter, by passing this order.

The writ petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vvk To The Commissioner, Udhagamandalam Municipality, Udhagamandalam, The Nilgiris District.

1 cc to M/s.Sarvabhauman Associates, sr.43510 1 cc to Mr.P.Srinivas, Advocate, sr.43823 W.P.No.10261 of 2014 bvr co kra 17.08.2016 https://hcservices.ecourts.gov.in/hcservices/