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Madras High CourtWP/24256/2013disposed of

D.Ravathi v. The District Collector

2020-08-06Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.08.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.24256 of 2013 and M.P.No.1 of 2013 D.Revathi ... Petitioner Vs.

1.The District Collector, Cuddalore District, Cuddalore.

2.The Municipal Commissioner, Vriddhachalam Municipality, Vriddhachalam, Cuddalore District.

3.The Municipal Chairman, Vriddhachalam Municipality, Vriddhachalam, Cuddalore District.

... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents 2 & 3 to fix the rent and provide electricity service connection to the petitioner's bunk shop at Vriddhachalam Bus Stand pursuant to the representation dated 10.07.2013 by the petitioner.

For Petitioner : Mrs.AL.Gandhimathi For Respondents: Ms.A.Madhumathi, Special Government Pleader (R1) Mr.R.P.Prathap Singh (R2 & R3) Government Advocate

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of mandamus directing the respondents 2 & 3 to fix the rent and provide electricity service connection to the petitioner's bunk shop at Vriddhachalam Bus Stand pursuant to the representation dated 10.07.2013 by the petitioner. 2.Mr.R.P.Prathap Singh, learned Government Advocate appearing for the respondents 2 & 3 submitted that the petitioner is an encroacher and therefore, the prayer sought for in the Writ Petition cannot be granted. However, the learned Government Advocate submitted that the 2nd respondent may be directed to consider and pass orders on the representation submitted by the petitioner on 10.07.2013 within a time frame in accordance with law.

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3.Mrs.AL.Gandhimathi, learned counsel appearing for the petitioner also submitted that it would be suffice to direct the 2nd respondent to consider the petitioner's representation dated 10.07.2013 and pass orders in accordance with law. 4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the learned counsel for the petitioner, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 10.07.2013 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar va To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Municipal Commissioner, Vriddhachalam Municipality, Vriddhachalam, Cuddalore District.

3.The Municipal Chairman, Vriddhachalam Municipality, Vriddhachalam, Cuddalore District.

+1cc to Mrs.AL.Gandhimathi , Advocate SR.No. 26449 +1 cc to Government Pleader Sr.No. 26457 W.P.No.24256 of 2013 and M.P.No.1 of 2013 pvs co A.SK(21/08/2020) https://hcservices.ecourts.gov.in/hcservices/