R.Manohar v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.8347 of 2004 R.Manohar

...Petitioner

/versus/ The Commissioner, Corporation of Chennai, Chennai - 600 003.

...Respondent

Prayer:

Writ petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus or any other appropriate writ or order of the nature to direct the Respondent to permit the petitioner to inspect the minutes of the proceedings of the council as per rule (11)(i) of the City Municipal Corporation Act, 1919. For Petitioner : No Appearance For Respondent : Mr.C.Ravichandran

ORDER

The prayer sought for in the writ petition is for a direction to the respondent to permit the petitioner to inspect the minutes of the proceedings of the Council as per Rule (11)(i) of the City Municipal Corporation Act, 1919.

2. As per the submissions of the learned counsel for the respondent the writ petitioner has not submitted any application seeking copy of the document and no such proof has been filed in the Typed Set of the papers.

3. When the writ petitioner himself has not made any request seeking grant of certified copy of the Minutes Book of the proceedings of the Council , dated 19.02.2004 and 20.02.2004, the cause for this Writ Petition cannot be maintained by the writ petitioner. The writ petitioner https://hcservices.ecourts.gov.in/hcservices/

without even making any request to the competent authorities, approached this Court by way of this Writ Petition and the same cannot be maintained.

4. The person approaching this Court for a relief in normal circumstances, has to approach the competent authorities initially, seeking the relief in order to redress the grievances. Only in exceptional circumstances a Writ will lie directly without exhausting the remedies available. But, in the case of hand, the writ petitioner has not even made a request to the authorities concerned. Such being the factum of the case, the prayer sought for in this writ petition deserves no merit conservation.

5. Accordingly the Writ Petition stands dismissed, as devoid of merits. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar rna/rpa To The Commissioner, Corporation of Chennai, Chennai - 600 003.

+1cc to Dr.C.Ravichandran,Advocate sr.19267 W.P.No.8347 of 2004 pa(co) ss(13/4/2017) https://hcservices.ecourts.gov.in/hcservices/