Shahul Hameed.K.S v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.S.Shahul Hameed : Petitioner Vs.

1.The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.

2.The Assistant Commissioner, Tirunelveli City Municipal Corporation, Melapalayam Ward Office, Tirunelveli.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to regularize petitioner's building construction by granting permission after receiving penalty which is relating to the land in 1/6

Survey No.25, R.S.No.25/C, T.S.No.92, AR Block No.18 to an extent of 19 cents situated at Melappalayam Village, Tirunelveli District based on the representation of the petitioner dated 27.11.2021. For Petitioner : Mr.T.Selvan For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] Heard both sides and perused the materials available on record.

2.The petitioner herein had given a representation to the official respondents on 27.11.2021, in this regard. Since the said representation was not considered, the present Writ Petition has been filed.

3.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 him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the 2/6

same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

4.Since there is a considerable lapse of time after the earlier representation was made, the petitioner herein is granted liberty to give a fresh representation to the concerned respondents, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the concerned respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as to any other person, who may be interested in the subject matter, within a period of three [3] months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondent to consider the same, on its own merits.

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5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. [M.S.R.,J.] & [A.D.M.C.,J.] 24.01.2025 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.

2.The Assistant Commissioner, Tirunelveli City Municipal Corporation, Melapalayam Ward Office, Tirunelveli.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 24.01.2025 6/6