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Madras High CourtWP/11780/2019disposed of

V.Balakrishnan v. The District Collector

2019-04-22Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2019

CORAM:

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.11780 of 2019 V.Balakrishnan ..Petitioner Vs.

1.The District Collector, Coimbatore.

2.The Commissioner, Corporation of Coimbatore, Coimbatore.

..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 26.02.2019 and pass suitable orders.

For Petitioner : Mr.Labrar Md Abdullah For Respondents : Mr.V.Shanmugasundar Special Government Pleader for R1 Mr.J.Sathyanarayana Prasad Standing Counsel for R2

O R D E R

Mr.V.Shanmugasundar, learned Special Government Pleader takes notice for the first respondent; Mr.J.Sathyanarayana Prasad, learned Standing Counsel takes notice for the second respondent. By consent, the Writ Petition is taken up for final disposal.

2. The prayer in the Writ Petition is for issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 26.02.2019 and pass orders.

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3. The case of the petitioner is that the lease period of fishing right was expired on 31.12.2018 and hence, he made a representation to the first respondent on 31.12.2018 for getting fresh lease of fishing right for five years and also gave another representation on 26.02.2019. However, till date no order has been passed. Hence, the present Writ Petition.

4. The learned counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is given to the respondents to consider the representation of the petitioner.

5. The learned Special Government Pleader appearing for the first respondent submitted that the representation of the petitioner dated 26.02.2019 will be considered by the first respondent, subject to the legal rights available to the petitioner for granting further lease.

6. In the light of the submissions made by the learned counsel on either side and also considering the limited scope of prayer sought for in this writ petition, this Court, without going into merits of the case, directs the first respondent to consider the representation of the petitioner dated 26.02.2019, and pass orders on merits and in accordance with law, as early as possible, preferably, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The District Collector, Coimbatore.

2. The Commissioner, Corporation of Coimbatore, Coimbatore.

+1cc to Mr.J.Sathya Narayana Prasad, Advocate, SR.No.38703 +1cc to Mr.I.Abrar Md.Abdullah, Advocate, SR.No.49364 (dated: 18/06/2019) W.P.No.11780 of 2019 Kak(28/05/2019) https://hcservices.ecourts.gov.in/hcservices/