S.Ezhilvendhan v. Melur Municipality

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Ezhilvendhan ... Petitioner Vs.

Melur Municipality, Rep. by its Commissioner, Melur, Madurai District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to extend the period of the license granted to the petitioner to collect user fee charges in the Melur Municipal Weekly Market in light of G.O.Ms.No.92 dated 03.07.2007 as well as G.O.Ms.No.66 dated 06.08.2024, Municipal Administration and Water Supply Department pursuant to the petitioner's representation dated 10.01.2025.

For Petitioner : Mr.N.Dilipkumar For Respondent : Mr.Veerakathiravan, Additional Advocate General, Assisted by, Mr.T.Amjad Khan, Government Advocate 1/4

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2.This writ petition is filed to direct the respondent to extend the period of the license granted to the petitioner to collect user fee charges in the Melur Municipal Weekly Market in the light of G.O.Ms.No.92 dated 03.07.2007 as well as G.O.Ms.No.66 dated 06.08.2024, Municipal Administration and Water Supply Department, pursuant to the petitioner's representation dated 10.01.2025.

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

4.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 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, non-consideration of the 2/4

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.

5.Without going into the merits of this case, this Court hereby direct the respondent to consider the petitioner's representation dated 10.01.2025 and pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order.

6.With the above directions, this writ petition is disposed of. There shall bo no order as to costs.

29.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To Melur Municipality, Rep. by its Commissioner, Melur, Madurai District.

3/4

L.VICTORIA GOWRI, J.

Sml 29.01.2025 4/4