M.Ramesh Aravind v. The Director Of Municipal Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.4417 of 2025 and W.M.P.(MD)No.3173 of 2025 1.M.Ramesh Aravind 2.S.Santhoshkumar 3.G.Jagadeesan 4.KEK Ismail 5.M.Rajeshkanna 6.T.Nandhakumar 7.M.Mohamed Hussain 8.A.Abubakkar Sithick 9.M.Govindaraj 10.K.Thamarai Selvan 11.E.Ramesh 12.M.Ramesh 13.S.Sivasubramaniyan 14.C.Rajinikanth 15.T.Loganathan 16.M.Sagabr Sathik 17.R.Raja 18.K.Tamilarasi 19.R.Babu ... Petitioners -vs1.The Director of Municipal Administration, Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, 1/6
MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
2.The Tanjore Municipal City Corporation, Rep. By its Commissioner, Gandhiji Road Thanjavur Pincode - 613 001.
Tanjore District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 2 to fix fair rent to the petitioners' shops in Ayyasamy Vandayar Old Bus stand, Thanjavur by considering the petitioners' representations dated 15.01.2025 within the time frame stipulated by this Court.
For Petitioners : Mr.M.Mahaboob Fazil For Respondents : Mr.C.Venkatesh Kumar (R1) Special Government Pleader Mr.N.Dilipkumar (R2)
ORDER
This writ petition has been filed seeking a direction to the respondents 1 to 2 to fix fair rent to the petitioners' shops in Ayyasamy Vandayar Old Bus stand, Thanjavur, by considering the petitioners' representation dated 15.01.2025 within the time frame stipulated by this Court. 2/6
2. By consent of both parties, this writ petition is disposed at the stage of admission itself.
3. The petitioners have their shops situated in Ayyasamy Vandayar Old Bus Stand, Thanjavur and the said shops were brought for public auction and consequently, monthly rent has been fixed exorbitantly with 18% GST. Hence, with regard to fixing fare rent, the petitioners made a representation to the respondents dated 15.01.2025. Since the said representation was not considered, the petitioners have filed the present Writ Petition.
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 him 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, nonconsideration 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 India and direct them to consider the same within a stipulated time. 3/6
5. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation dated 15.01.2025, on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also 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 respondents to consider the same on its own merits.
6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
12.03.2025 NCC : Yes/No (2/2) Index : Yes / No sm 4/6
TO:- 1.The Director of Municipal Administration, Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
2.The Commissioner, Tanjore Municipal City Corporation, Gandhiji Road Thanjavur Pincode - 613 001.
Tanjore District.
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VIVEK KUMAR SINGH, J.
sm Order made in W.P.(MD)No.4417 of 2025 (2/2) Dated:
12.03.2025 6/6