G.Manojkumar v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No. 18861 of 2015 G. Manojkumar Petitioner vs.

1. The Member Secretary, Chennai Metropolitan Development Authority, rep. By its Chairman, No.1 Gandhi Irwin Road, Egmore, Chennai 600 008.

2. The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai 600 092.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to consider the representation dated 18.5.2015 seeking allotment of shops by conversion of the godown G 88 into shops forthwith thereto one merits and within a time to be stipulated by this Court. For petitioner : Mr. L. Chandrakumar For respondents : Mr. C. Johnson, Standing Counsel

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) With the consent of the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents, this writ petition is taken up for final disposal at the admission stage itself.

https://hcservices.ecourts.gov.in/hcservices/

2. This writ petition is filed seeking a direction to the respondents to consider the petitioner's representation dated 18.5.2015 seeking allotment of shops by conversion of the godown G88 into shops, forthwith on merits, within a stipulated time.

3. Such a direction, which is not permissible under the provisions of law, cannot be given by this Court. The petitioner seeks a positive direction, which may be mis-understood by the authorities. The entitlement of the petitioner for conversion of Godown G-88 into shops has to be decided in accordance with the statutory provisions. Thus, no direction can be issued to consider the representation for conversion of Godown G-88 into shops. However, we make it clear that it is for the petitioner to pursue his representation dated 18.05.2015 for consideration before the concerned authorities.

4. Accordingly, this writ petition is dismissed. Consequently, M.P. No. 1 of 2015 is closed. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ra To

1. The Chairman The Member Secretary, Chennai Metropolitan Development Authority, No.1 Gandhi Irwin Road, Egmore, Chennai 600 008.

2. The Chief Administrative Officer, Market Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai 600 092.

1 cc to Mr.L.Chandrakumar, Advocate, Sr. 31894 1 cc to Mr.C. Johnson, Advocate, Sr. 32002 W.P. No.18861 of 2015 MG (C) kk 14/7 https://hcservices.ecourts.gov.in/hcservices/