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Madras High CourtWP/12805/2017disposed of

O.L.Kannan v. The District Collector

2017-05-18Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.12805 of 2017 and W.M.P.No.13664 of 2017 O.L.Kannan ... Petitioner Vs

1. The District Collector cum Inspector of Panchayat, Dharmapuri District, Dharmapuri.

2. The Assistant Director, Panchayats, Office of the District Collector, Dharmapuri.

3. The Commissioner / Block Development Officer, Pennagaram Panchayat Union, Pennagaram - 636 810 Dharmapuri District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to forbear the respondents and their subordinates from inviting the applications or issuing any fresh notification to operate the Boat services at Ottanur-Kottaiyur in Pennagaram Panchayat Union, Dharmapuri District, consequently direct the respondents to consider the further period of the petitioner to operate the Boat services at Ottanur - Kottaiyur in the third respondent Panchayat Union from 01.06.2017 to 31.05.2018 for compensating the loss.

For Petitioner : Mr.M.R.Jothimanian For Respondents :

Mr.N.Sakthivel, Government Advocate

ORDER

The petitioner has filed this writ petition, for issuance of a writ of Mandamus to forbear the respondents and their subordinates from inviting the applications or issuing any fresh notification to operate Boat services at Ottanur-Kottaiyur in Pennagaram Panchayat Union, Dharmapuri District and consequently direct the respondents to grant extension to the petitioner to operate Boat services at Ottanur - Kottaiyur in the third respondent Panchayat Union from 01.06.2017 to 31.05.2018 for compensating the loss.

2.The learned counsel for the petitioner submitted that in addition to the representation dated 17.04.2017, yet another representation was submitted by the petitioner on 08.05.2017 seeking extension for further period of one year to operate the Boat services at Ottanur-Kottaiyur in Pennagaram Panchayat Union, Dharmapuri District and the same may be directed to be considered by the respondent authority.

3.On the other hand, learned Government Advocate appearing for the respondents, on instructions, submitted that the prayer of the petitioner seeking extension to operate Boat services would be considered, before taking a final decision by the first respondent.

4.Recording the said submission made by the learned Government Advocate appearing for the respondents, this Court directs the first respondent to consider the representations of the petitioner dated 17.04.2017 dated 08.05.2017 and pass appropriate orders, on merits and in accordance with law, after granting opportunity of personal hearing to the petitioner. 5.The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar rk To

1. The District Collector cum Inspector of Panchayat, Dharmapuri District, Dharmapuri.

2. The Assistant Director, Panchayats, Office of the District Collector, Dharmapuri.

3. The Commissioner / Block Development Officer, Pennagaram Panchayat Union, Pennagaram - 636 810, Dharmapuri District.

+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.37756 W.P.No.12805 of 2017 SKV(CO) CA(22/05/2017)