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Madras High CourtWP/20174/2023disposed of

M.Durairaj v. The Commissioner

2023-07-10Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.20174 of 2023 M.Durai

...Petitioner

Vs.

1.The Commissioner Salem Municipal Corporation Salem District Salem.

2.The Deputy Commissioner Salem Municipal Corporation Ammapet Zonal Office Salem District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to remove the water tank belongs to Salem Municipal Corporation situated in petitioner's patta land at No.18, Govindan Street, Salem by considering the petitioner representations dated 11.08.2022 and 01.12.2022. 1/4

For Petitioner : Mr.R.Surya Prakash For Respondents : Mrs.N.Devi Standing Counsel for Salem

O R D E R

The petitioner herein seeks a direction to the respondent to consider the representation dated 01.12.2022 and pass orders within a time frame fixed by this Court.

2. According to the petitioner, the respondents corporation had put up a water tank on the petitioner's patta land and the same is causing hindrance to the petitioner and the petitioner's family. The petitioner made a representation to the respondents corporation on 01.12.2022 requesting them to shift the water tank to the land belonging to the respondents corporation which is available very near to the petitioner's patta land. The petitioner also expressed his willingness to bear the shifting expenses.

3. Mrs.N.Devi, learned Standing Counsel takes notice for the respondents.

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4. In view of the limited prayer made in this Writ Petition, without expressing any opinion on the merits of the case, this Court is inclined to issue a direction to the first respondent to consider the representation of the petitioner dated 01.12.2022 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

10.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna To 1.The Commissioner Salem Municipal Corporation Salem District Salem.

2.The Deputy Commissioner Salem Municipal Corporation Ammapet Zonal Office Salem District.

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S.SOUNTHAR , J.

dna 10.07.2023 4/4

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