Hemantha Kumar.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.803 of 2023 and W.M.P.(MD)No.781 of 2023 R.Hemantha Kumar ... Petitioner -Vs1.The District Collector, Collectorate, Pudukkottai Town and Taluk, Pudukkottai District.

2.The Commissioner of Municipality, Aranthangi Municipality, Aranthangi Town & Taluk, Pudukkottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 2nd respondent from constructing bus stop on

the northern side of Aranthangi to Pudukkottai and Aranthangi to Karaikudi road and consequently, to direct the respondents to construct the bus shelter in the Aranthangi to Pudukkottai road on western side near to old check post based on the representation.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.P.Thilak Kumar, Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed seeking issuance of a Writ of Mandamus, to forbear the 2nd respondent from constructing bus stop on the northern side of Aranthangi to Pudukkottai and Aranthangi to Karaikudi road and consequently, to direct the respondents to construct the bus shelter in the Aranthangi to Pudukkottai road on western side near to old check post, based on his representation.

2.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents.

3.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

4.According to the petitioner, he made a representation dated 24.12.2022 to the 2nd respondent to change the bus stop proposed to be constructed on the northern side of Aranthangi to Pudukkottai and Aranthangi to Karaikudi road to the western side of Aranthangi to Pudukkottai road nearby old check post. Since the same has not been considered till date, the petitioner has approached this Court with the aforesaid prayer. 5.The learned Government Pleader for the respondents, on instructions, submitted that the representation of the petitioner dated 24.12.2022 would be considered and appropriate orders would be passed on merits and in accordance with law.

6.In view of the aforesaid submissions, without going into the merits of the case, we direct the 2nd respondent to consider the representation of the petitioner dated 24.12.2022 and pass appropriate orders on its own merits and in accordance with law, after providing sufficient opportunity of hearing to all the parties concerned. Such an exercise shall be completed as early as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] & [R.V., J.] 12.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR

To 1.The District Collector, Collectorate, Pudukkottai Town and Taluk, Pudukkottai District.

2.The Commissioner of Municipality, Aranthangi Municipality, Aranthangi Town & Taluk, Pudukkottai District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR W.P.(MD)No.803 of 2023 12.01.2023