X. Jayaraj v. The Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.2 of 2012 X.Jayaraj ... Petitioner Vs.

1.The Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai-5.

2.The Regional Director of Municipal Administration, Palayamkottai, Tirunelveli District.

3.Padmanabapuram Municipality Represented by its Commissioner, Thuckalay-629 175, Kanyakumari District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order of the second respondent in Na.Ka.No.1061/2012/A1 dated 09.03.2012 and quash the same as illegal 1/5

and consequently direct the respondents 2 and 3 to renew the petitioner's contractor license with the third respondent Municipality. For Petitioner : Mr.M.Kannan For Respondents : Mr.P.Thambi Durai Government Advocate for R1 and R2 Mr.K.Mahendran for R3

ORDER

The present writ petition has been filed challenging an order passed by the second respondent herein, under which the request of the petitioner for renewal of his registration as a Municipality Contractor was returned.

2. According to the petitioner, he was a registered contractor for the third respondent Municipality. He was blacklisted by a resolution of the respondent Municipality. However, the said resolution passed by the third respondent Municipality was later cancelled and the Municipality decided to renew the registration of the writ petitioner as a registered contractor. The new resolution was forwarded by the third respondent 2/5

Municipality to the first respondent and the same is pending. Hence, this writ petition has been filed directing to set aside the order passed by the second respondent, wherein his request has been returned.

3. The learned counsel for the third respondent has contended that the resolution of the Municipality to grant re-registration to the petitioner as a registered contractor has already been forwarded to the first respondent and the same is pending on the file of the first respondent from 2012 onwards.

4. In view of the above said submissions, the first respondent is directed to consider the proposal forwarded by the third respondent in 2012 for re-registering the petitioner as a registered contractor of the third respondent Municipality. Once the said proposal is accepted by the first respondent, thereafter the petitioner can approach the second respondent for renewal of his license. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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5. With the above said observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 05.07.2022 gbg Index :

Yes / No Internet :

Yes / No To 1.The Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai-5.

2.The Regional Director of Municipal Administration, Palayamkottai, Tirunelveli District.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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