A.Kurshith Begum v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Kurshith Begum ... Petitioner Vs.

The Commissioner, Sankarankovil Municipality, Sankarankovil, Tenkasi District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondent to change the name in the earlier allotment order in light of the order passed by the Managing Director of TANTEA vide Na.Ka.No. 6746/2020/S4 dated 07.10.2024 and to re-allot the same outlet for the TANTEA shop inside the New Bus Stand at Sankarankoil in favour of the petitioner, considering the representation dated 11.01.2025 within the period that may be stipulated by this Court. For Petitioner : Mr. SMA Jinnah For Respondents : Mr.M.Rajarajan Standing Counsel 1/4

ORDER

Mr.M.Rajarajan, learned Standing Counsel takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. The Writ Petition is filed seeking to direct the respondents to change the name in the earlier allotment order in the light of order passed by the Managing Director of TANTEA dated 07.10.2024 and to re-allot the same outlet for the TANTEA shop inside the new bus stand, Sankarankovil, by considering the petitioner's representation dated 11.01.2025.

3. Heard the learned counsels on either sides and carefully perused the materials available on record.

4. The petitioner has made a representation on 11.01.2025 to change the name and re-allot the TANTEA outlet in the same place as allotted before. Since, the same was not considered, the present writ petition came to be filed.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to 2/4

consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

6. Without going into the merits of this case, this Court hereby direct the respondents to consider the representation made by the petitioner and pass appropriate orders in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition stands disposed of. No costs. 24.01.2025 NCC : Yes / No Index : Yes / No jbr 3/4

L.VICTORIA GOWRI, J.

jbr TO:- The Commissioner, Sankarankovil Municipality, Sankarankovil, Tenkasi District.

Order made in Dated 24.01.2025 4/4