M.Palanisamy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.NO.19862 OF 2021 AND W.M.P.NO.21119 OF 2021 M.Palanisamy ... Petitioner .Vs.

The Commissioner, Coimbatore Municipal Corporation, Coimbatore - 1.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondent to consider and pass appropriate orders on the basis of the written representation made by the petitioner on 27.08.2021.

For Petitioner :

Mr.C.Prakasam For Respondent :

Mr.K.Magesh Standing counsel

O R D E R

Though this Writ Petition was heard sometime by my predecessor atleast on two occasions, when this Writ Petition came up for hearing today, after having gone through the prayer sought for as well as the written representation (in vernacular) given by the petitioner dated 27.08.2021, I am of the view that, it is not an adversary Writ Petition as the issue projected in this Writ Petition through the representation of the petitioner dated 17.08.2021 is a public issue, as he wants an action from the respondent Corporation to retrieve the property belonging to the respondent Corporation and to bring the officials concerned who are involved in an alleged scam, under law, for taking appropriate action.

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2. Hence, this Writ Petition cannot be treated as an adversary Writ Petition, instead, if at all the petitioner wants to project his public cause through a Writ Petition, he can do the same by filing an appropriate Writ Petition by way of public interest litigation if he is advise to do so. Hence, this Writ Petition is dismissed with the liberty to the petitioner to file an appropriate Writ Petition. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vji/rap To The Commissioner, Coimbatore Municipal Corporation, Coimbatore - 1.

+1cc to Mr.K.Magesh, Advocate, S.R.No.57823 W.P.NO.19862 OF 2021 AND W.M.P.NO.21119 OF 2021 RGN(CO) PBS/01/12/2021 https://hcservices.ecourts.gov.in/hcservices/