A.Musthafa v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. Nos. 3584, 3588, 3590, 3591, 3594, 3595, 3596, 3597 and and W.M.P. Nos. 4209, 4213, 4214, 4216, 4218, 4220, 4222, 4223 and 4224 of 2020 A. Musthafa ... Petitioner in W.P. No. 3584 of 2020 D. Rajendran ... Petitioner in W.P. No. 3588 of 2020 M. Ramesh Babu ... Petitioner in W.P. No. 3590 of 2020 Sathiya Bama ... Petitioner in W.P. No. 3591 of 2020 B. Syed Apsar ... Petitioner in W.P. No. 3594 of 2020 A. Moulana ... Petitioner in W.P. No. 3595 of 2020 R. Dharmaraj ... Petitioner in W.P. No. 3596 of 2020 K. Manoj Kumar ... Petitioner in W.P. No. 3597 of 2020 Sathish Lawrence ... Petitioner in W.P. No. 3598 of 2020 -vs1. The State, Rep. by its District Collector, Nilgiris District.

2. The Nilgiris Co-operative Marketing Society Limited, Rep. by its Secretary, "Sailing House", P.B. No. 56, Udhagamandalam, Nilgiris.

... Respondents in all W.P.s Common Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Second Respondent to consider the Petitioner's representation dated 31.01.2020 for preferential allotment of one shop on account being pre-existing tenant in the newly constructed in S. No. 4134, 4135/1 and 4136/1 of Udhagamandalam Town situated at NCMS parking area.

For Petitioner :

Mr. A. Thiyagarajan in all W.P.s For Respondents:

Mr. D. Venkatachalam, Additional Government Pleader in all W.P.s C O M M ON O R D E R Heard Mr. A. Thiyagarajan, Learned Counsel for the Petitioners and Mr. D. Venkatachalam, Learned Additional Government Pleader who takes notice for the Respondents. 2.

These Writ Petitions have been filed by the Petitioners for a direction to the Second Respondent for consideration of their respective representations dated 31.01.2020 made for preferential allotment of one shop each on account pre-existing tenancy in the newly constructed building in S. No. 4134, 4135/1 and 4136/1 of Udhagamandalam Town situated at NCMS parking area. 3.

Having regard to the limited nature of the relief sought, this Court without expressing any view on the entitlement or correctness of the claim made, directs the Second Respondent to consider the aforesaid representations made by the Petitioners and deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to the Petitioners on or before 30.06.2020. 4.

The Writ Petitions are disposed on the aforesaid terms. Consequently, the connected the Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar vjt/sj To

1. The District Collector, Nilgiris District.

2. The Secretary, Nilgiris Co-operative Marketing Society Limited, "Sailing House", P.B. No. 56, Udhagamandalam, Nilgiris.

+9ccs to Mr.D. Venkatachalam, Advocate SR.No.13808, 13800, 13801, 13802, 13803, 13804, 13805, 13806, 13807 +9cc to Mr.A. Thiyagarajan, Advocate SR.No.12248 +1cc to Government Pleader SR.No.13589 W.P. Nos. 3584, 3588, 3590, 3591, 3594, 3595, 3596, 3597 and RR(CO) GMY(12/06/2020)