Magesh Patel v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2019 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WRIT PETITION NO.33535 OF 2019 Magesh Patel

...Petitioner

Vs 1.The Commissioner, Coimbatore Corporation, Bazaar, Coimbatore-1.

2.The Assistant Commissioner, Coimbatore Corporation, Coimbatore-2.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 30.9.2019.

For Petitioner :

Mr.B.Nedunchezhiyan For Respondents :

Mr.J.Sathyanarayana Prasad Additional Government Pleader

ORDER

Mr.J.Sathyanarayana Prasad, learned Standing Counsel accepts notice for the respondents. Heard both. By consent, the writ petition itself is taken up for final disposal.

2. The petitioner seeks a direction to the second respondent to consider his representation dated 30.9.2019. In the said representation, the petitioner has pointed out that though his application for building plan approval was submitted about eight months back, the same has not been granted.

3. It is seen that the said representation was received by the office of the second respondent on 04.10.2019 as could be seen from the postal acknowledgment. Since the writ petition itself is disposed of at the admission stage, this Court is not inclined to go into the merits of the matter. It is needless to observe that if there is any defect in the application or for https://hcservices.ecourts.gov.in/hcservices/

some reason, the application could not be processed, the application should be returned to the petitioner and that the same should not be kept pending on the file of the second respondent.

4. In the light of the above, the writ petition is disposed of by directing the second respondent to consider the representation dated 30.9.2019 and pass orders on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order. No costs. s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To 1.The Commissioner, Coimbatore Corporation, Bazaar, Coimbatore-1. 2.The Assistant Commissioner, Coimbatore Corporation, Coimbatore-2.

+1 CC to Mr.B.Nedunchezhiyan, Advocate sr 100798. W.P.No.33535 of 2019 SP(06/12/2019) https://hcservices.ecourts.gov.in/hcservices/