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Madras High CourtWP/8528/2019disposed of

G.Mani Gopal v. The District Collector Of The Nilgiris

2019-03-27Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.8528 of 2019 G.Mani Gopal

...Petitioner

Vs.

1. The District Collector of the Nilgiris, Collectorate,

2. The Superintendent of Police, Udhagamandalam, The Nilgiris.

3. The Tahsildar, Kotagiri Taluk,

4. The Assistant Engineer, Highways, Kotagiri, The Nilgiris.

5. The Executive Officer, Kotagiri Special Grade Town Panchayat, Kotagiri,

6. The Inspector of Police, Kotagiri Police Station, Kotagiri, The Nilgiris.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 29.11.2018 on merits within the time limit fixed by this Hon'ble Court.

For Petitioner : Mr.L.Mouli For Respondents : Mr.V.Prabhu Government Advocate for R1 to R4 & R6 Mr.M.Perumal Government Advocate for R5

O R D E R

Mr.V.Prabhu, learned Government Advocate takes notice for the respondents 1 to 4 & 6 and Mr.M.Perumal, learned Government Advocate takes notice for the 5th respondent. By consent of the parties, this main writ petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed seeking for a Mandamus, directing the respondents to consider the petitioner's representation dated 29.11.2018 on merits within the time limit to be fixed by this Court.

3. The petitioner claims to be the owner of a Commercial Building namely "V.K.G. Building" situated at Ramchand, Kotagiri. He is aggrieved against the non-consideration of his representation dated 29.11.2018, wherein and whereby, he sought for action against the parking of vehicles in front of the said commercial building by contending that such parking causes great inconvenience to the petitioner and other persons to have ingress and egress to the said commercial building. It is stated by the petitioner that the said representation has not been taken into consideration by the respondents.

4. This Court, at this stage, is not expressing any positive view on the merits of the claim made by the petitioner, as it is for the 5th and 6th respondents to consider and decide and take appropriate action accordingly.

5. Therefore, this Writ Petition is disposed of, only by directing the 5th and 6th respondents to consider the petitioner's representation dated 29.11.2018 and pass appropriate orders on the same on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar sni/vsi To

1. The District Collector of the Nilgiris, Collectorate,

2. The Superintendent of Police,

3. The Tahsildar, Kotagiri Taluk,

4. The Executive Officer, Kotagiri Special Grade Town Panchayat, Kotagiri, The Nilgiris.

5. The Inspector of Police, Kotagiri Police Station, Kotagiri, The Nilgiris.

6. The Assistant Engineer, Highways, Kotagiri, +1 cc to M/s.L.Mouli, Advocate, S.R.No.29018 +1 cc to the Government Pleader, S.R.No.29792 W.P.No.8528 of 2019 AK(CO) SSM(27/04/2019).