Madras High CourtWP/24058/2018disposed of

Mohammed Shuaih Musvee v. The District Collector

2021-12-21Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.24058 of 2018 1.Mohammed Shuaib Musvee 2.Shagufta S. Musvee Represented herein by their Power Agent A.Mustafa ...Petitioners

Versus

1.The District Collector, Kancheepuram District, Collectorate Campus, Kancheepuram.

2.R.Gayathri 3.A.Nageswari 4.P.Sheela ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, to direct the 1st respondent to act on the petitioner's representation dated 05.06.2018 and dispose of the same as per law.

For Petitioners : M/S.R.Amizhdhu For R1 : Mr.M.Shahjahan Special Government Pleader For R2 to R4 : Mr.A.K.Udayakumar, No appearance

O R D E R

This Writ Petition has been filed, seeking for issuance of a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's representation dated 05.06.2018 and dispose of the same as per law.

2. When the matter is taken up for hearing today, none appeared for respondents 2 to 4.

3. The case of the petitioners is that the respondents 2 to 4, without getting proper approval, have been running a Women's Hostel. The petitioners is the owner of the subject property, where the respondents 2 to 4 are running the hostel. However, the learned counsel appearing for the petitioners submits that the petitioner's premises were leased out only for the purpose of running the hostel after getting proper approval/license and by following the rules and regulations. Further, the learned counsel submit that the petitioners apprehend that the petitioners would be unnecessarily implicated in the legal proceedings since the respondents 2 to 4 have been running the hostel without any proper approval/license. Therefore, the petitioners made a representation 5.6.

2018 to the 1st respondent/District Collector, Kancheepuram District to take appropriate action in the event, the respondents 2 to 4 are running the hostel without any proper approval/license. However, no action has been taken by the 1st respondent despite the representation. Hence, the petitioners approached this Court by filing the present Writ Petition.

4. Per contra, Mr.M.Shahjahan, learned Special Government Pleader appearing for the 1st respondent submits that the petitioner's representation would be considered in the event, if the respondents 2 to 4 are running the hostel without obtaining approval/license and proper legal action would be taken against the respondents 2 to 4.

5. In view of the above submissions, this Court directs the 1st respondent to consider and dispose of the petitioner's representation dated 05.06.2018 and in the event, the respondents 2 to 4 are running the hostel without any approval/license, take appropriate legal action against them in accordance with law and the entire proceedings shall be completed within a period of two months from the date of receipt of a copy of this order.

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

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR sp/jd To The District Collector, Kancheepuram District, Collectorate Campus, Kancheepuram.

+1cc to M/s.R.Amizhdhu, Advocate Sr.68492 +1cc to the Government Pleader Sr.69545 W.P.No.24058 of 2018 smi[co] srg 11/01/2022