P.Sundar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10695 of 2019 P.Sundar

...Petitioner

Vs 1.The District Collector, Trichy District, Trichy.

2.The Assistant Director, (Town Panchayats), Trichy.

3.S.Kannanur Town Panchayat, represented by its Executive Office, Samayapuram, Manachanallur Taluk, Trichy District.

4.E.T.Seenivasan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 forthwith to prevent the collection of excess entry fee at the Samayapuram Weekly Market, S.Kannanur Town panchayat, Manachanallur Taluk, Trichy District by the fourth respondent and consequently direct the respondents 1 to 3 to take necessary action against the fourth respondent for collecting excess entry fee in Samayapuram Weekly Market, S.Kannanur Town Panchayat, Manachanallur Taluk, Trichy District by considering the petitioner's representation dated 24.04.2019. For Petitioner : Mr.R.Pon Karthikeyan For R3 : Mr.A.Thiyagarajan

ORDER

Heard the learned counsel on either side.

2.Considering the nature of relief to be granted in this writ petition, notice to the respondents 1,2 and 4, is dispensed with. 3.The petitioner claims to be a goat seller. He is the user of weekly market run by the third respondent. The fourth respondent is the licensee who is authorised to collect user charges.

The petitioner's allegation is that the fourth respondent is collecting excess fee. Therefore, the petitioner has made a complaint to (*)the Second respondent. The third respondent is directed to dispose of the petitioner's complaint dated 11.03.2019 by holding an enquiry and by putting the fourth respondent on notice.

4.It is made clear that this Court has not gone into the merits of the matter. The rights of the fourth respondent are in no way prejudiced. All that this Court directs is that (*)the Second respondent will enquire into the petitioner's complaint and dispose it of on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. 5.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (Records) Revised as per order dated 30.05.2019 Sd/- Assistant Registrar (VO-Records) / True Copy / Sub Assistant Registrar(CS) pnn To To be substituted the order Dt.30.05.2019, already despatched on 16.05.2019 1.The District Collector, Trichy District, Trichy.

2.The Assistant Director, (Town Panchayats), Trichy.

3.S.Kannanur Town Panchayat, represented by its Executive Office, Samayapuram, Manachanallur Taluk, Trichy District.

+1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-63489[F] dated 27/04/2019 ) +1 CC to M/s.SPL GP ( SR-64660[F] dated 30/04/2019 ) W.P.(MD)No.10695 of 2019 27.04.2019 ES/15.05.2019/2P/6C KM/31.05.2019/2P/6C