Thandayam Babu @ Babu v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24307 of 2023 Thadayam Babu @ Babu

...Petitioner

Vs.

1. The Commissioner, Virudhachalam Municipality, Municipal Office, Virudhachalam, Cuddalore District.

2. The Tahsildar, Virudhachalam Taluk, Virudhachalam, Cuddalore 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 consider the petitioner's representation dated 06.06.2023 and pass suitable orders within the time frame to be fixed by this Court.

For Petitioner : M/s.M.Sudha 1/4

for Mr.C.Munusamy For Respondents : Mrs.S.Anitha Special Government Pleader

O R D E R

The Writ Petitioner seeks a direction to the respondents to consider the petitioner's representation dated 06.06.2023 and pass suitable orders within the time frame fixed by this court.

2. According to the petitioner, his father has purchased the property in Plot No. 74, Amaravathi Nagar, Virudhachalam, Virudhachalam Taluk, Cuddalore District and thereafter, constructed a house thereon. It is also stated by the petitioner that even though the layout was formed as early as 1996, the common area and roads in the layout already gifted to the 1st respondent Municipality, the respondents have not taken any action for development of the common area. Thereafter, the petitioner submitted a representation to the 1st respondent on 06.06.2023, requesting them to develop the common area gifted to the 1st respondent Municipality by gift deed dated 13.04.1999 bearing Document No. 163/1999 on the file of the Sub-Registrar, Virudhachalam. The said representation has not been considered by the respondents till date. 2/4

3. Mrs.S.Anitha, learned Special Government Pleader takes notice for the respondents.

4. In view of the limited prayer made in the writ petition, without expressing any opinion on the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the 1th respondent to consider the representation of the petitioner dated 06.06.2023 and pass final 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, the writ petition stands disposed of. No costs.

18.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No mac/nti 3/4

S.SOUNTHAR , J.

mac/nti To

1. The Commissioner, Virudhachalam Municipality, Municipal Office, Virudhachalam, Cuddalore District.

2. The Tahsildar, Virudhachalam Taluk, Virudhachalam, Cuddalore District.

W.P No.24307 of 2023 18.08.2023 4/4