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Madras High CourtWP/4809/2025disposed of

S.Sridhar v. The Commissioner

2025-02-13Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD S.Sridhar

...Petitioner

-VsThe Commissioner, Hosur Municipality, Hosur, Krishnagiri District.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondent to dispose the petitioner's representation dated 16.10.2024 within a reasonable period as may be fixed by this Court and pass such further orders.

For Petitioner :

M/s.L.Arpitha For Respondent :

Mr.T.Balaji Standing Counsel 1/5

O R D E R

Mr.T.Balaji, learned Standing Counsel takes notice on behalf of the respondent. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed to direct the respondent to dispose of the representation of the petitioner dated 16.10.2024.

3. The case of the Petitioner is that as per Na.Ka.No.1060/2004/A3 dated 30.06.2004, the Hosur Municipality Office on 23.07.2004 conducted an auction under the category of physically disabled person. In that auction, the respondent allotted the petitioner a building no.24, shop no.2, near the Hosur bus stand. As per the Government rules, while taking the shop for rent, the petitioner paid Rs.50,000/- as an advance through Demand Draft No.539015 dated 22.07.2024 in Federal Bank Limited, Hosur. In addition, the petitioner paid Rs.1,00,000/- through Demand Draft No.539015 dated 22.07.2004, Federal Bank Limited, Hosur, for not having any immovable property. Totally, the petitioner has paid Rs.1,50,000/- to the respondent.

4. Learned counsel appearing for the petitioner would submit that the 2/5

respondent, as per Na.Ka.No.6060/2005/A3 dated 17.06.2005, conducted the on 29.05.2005. In this auction, the shop no.2 was again allotted to the petitioner. As per Na.Ka.No.1060/2005/A3 dated 29.12.2005, decision No.1078 dated 28.12.2006, the shop was allotted to the petitioner per month rent is Rs.3,100/-. Shop no.2 was allotted to the petitioner on 23.07.2004, and an order was passed on 01.01.2007 to transfer the same to the Petitioner's name. On 23.02.2024, the respondent sent a notice to the Petitioner that he is obliged to pay a rent of Rs.13,800/- with GST Rs.2,484/-, totally a sum of Rs.16,284/-. Thereafter, on 06.03.2024, around 10.30 a.m., the respondent closed and sealed the petitioner's shop.

5. Learned counsel would further submit that the petitioner sent a representation dated 16.10.2024 by registered post with the acknowledgment card to the respondent. Even after receipt of the representation, the respondent has not considered the same, and no orders have been passed till date. Hence, the present writ petition is filed.

6. Learned standing counsel appearing for the respondent would submit that the representation of the petitioner dated 16.10.2024 would be considered on merits, in accordance with law within a time frame stipulated 3/5

by this Court.

J.SATHYA NARAYANA PRASAD, J.

7. Heard both sides and perused the materials available on record.

8. Without going into the merits of the case, the respondent is directed to consider the representation of the petitioner dated 16.10.2024 on merits, in accordance with law and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order. In the result, the writ petition stands disposed of with the above observations and direction. No costs.

13.02.2025 cda Index : Yes/No Speaking/Non Speaking order To The Commissioner, Hosur Municipality, Hosur, Krishnagiri District.

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