P.S.Parthinasabapathi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.5966 of 2025 P.S.Rathinasabapathi ... Petitioner Vs.

The Commissioner, Tiruppur Municipal Corporation Office, Tiruppur - 641 604.

... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 17.08.2024 seeking preferential allotment for Shop No.E-11 in Daily Market, Opposite to Tiruppur Old bus stand.

For Petitioner :

M/s.Kanitha C.B.

For Respondent :

Mr.Abishek Murthy Government Advocate

O R D E R

The petitioner has filed this petition seeking to direct the respondent to consider the petitioner's representation dated 17.08.2024 seeking preferential allotment for Shop No.E-11 in Daily Market, Opposite to Tiruppur Old bus Page No.1 of 5

stand.

2. Since no adverse order is being passed, this writ petition is taken up for final hearing.

3. The case of the petitioner petitioner is that he is a lawful leaseholder of Shop No. E-11, which was initially allotted to his father and later transferred to him. Due to the Smart City Project, he vacated the shop in 2019 as per the Corporation's directive, without terminating the lease. However, unlike other displaced tenants, the petitioner was not provided an alternative shop. With the project now complete and other shops being leased, the petitioner seeks a Writ of Mandamus directing the respondent to consider his representation dated 17.08.2024 for preferential allotment of his previous shop in the newly constructed premises.

4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the respondent to consider the petitioner's representation dated 17.08.2024 and pass appropriate orders on merits and in accordance Page No.2 of 5

with law, within a time frame to be fixed by this Court.

5. Learned Government Advocate appearing for the respondent has no objection for the said order being passed by this Court.

6. Heard the learned counsel on either side and perused the materials available on record.

7. Considering the limited prayer sought for by the learned counsel for the petitioner, this Court without going into the merits of the case issues direction to the respondent to consider the petitioner's representation dated 17.08.2024 on merits, in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.

8. This writ petition is disposed of with the aforesaid observation and directions. No costs.

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Index :

Yes/No Speaking Order :

Yes/No :

Yes/No J.SATHYA NARAYANA PRASAD,J.

vm To:

The Commissioner, Tiruppur Municipal Corporation Office, Tiruppur - 641 604.

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