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Madras High CourtWP(MD)/6065/2021disposed of

Seenivasan.V v. The Govt. Of Tamil Nadu

2023-11-28Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH V.Seenivasan ... Petitioner Vs

1. The Govt. of Tamil Nadu, Rep. by its Secretary to Government, Municipal Administration and Water Supply Dept., Fort St. George, Chennai - 600 009.

2. The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, M.R.C.Nagar, Raja Annamalaipuram, Chennai 600 028.

3. The District Collector, O/o. the Collectorate, Trichirappalli.

4. The Commissioner, Trichirappalli Municipal Corporation, Trichirappalli.

5. The Assistant Commissioner, Ponmalai Division, Trichirappalli Municipal Corporation, Trichirappalli. ... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus or any other appropriate writ or order or direction in the nature of writ, directing the respondents to consider the petitioners representation dated 4.1.2021 in the light of Clause 40 of the 3rd respondent counsel resolution No.466 dated 31.12.2018 in respect of General Restriction and to waive the licence fee for the period of 23.3.2020 to 31.8.2020 for the lease granted to the petitioner for collecting fees for parking in two wheeler stands situated at A.S.G.Lourdhusamy Pillai, Central Bus Stand, Trichirappalli, in pursuant to the order passed by the fourth respondent by his proceedings in Na.Ka.NO/A1/1490/2019/PON dated 3.7.2019 insofor the period of 1.4.2019 to 31.3.2022.

For Petitioner : Mr.V.Sasi Kumar For Respondents : Ms.D.Farjana Ghoushia(R1-R3) Special Government Pleader Mr.K.R.Kishore Ram (R4,R5)

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 04.01.2021, wherein, the petitioner has sought for waiver of lease fee for the period from 01.04.2019 to 31.03.2022. 2/5

2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 3 and the learned counsel appearing for the respondents 4 and 5. 3.The issue involved in this writ petition is now covered in the subsequent Government Order that was passed in G.O(D) No. 337, Municipal Administration and Water Supply (MA.IV) Department, dated 16.06.2023. Hence, there shall be a direction to the fourth respondent to consider the claim made by the petitioner in line with G.O(D) No. 337, Municipal Administration and Water Supply (MA.IV) Department, dated 16.06.2023 and convey the decision to the petitioner within a period of four weeks from the date of receipt of copy of this order. 4.Accordingly, this writ petition is disposed of in the above terms. No costs.

28.11.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No PNM 3/5

To

1. The Secretary to Govt., Govt. of Tamil Nadu, Municipal Administration and Water Supply Dept., Fort St. George, Chennai - 600 009.

2. The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, M.R.C.Nagar, Raja Annamalaipuram, Chennai 600 028.

3. The District Collector, O/o. the Collectorate, Trichirappalli.

4. The Commissioner, Trichirappalli Municipal Corporation, Trichirappalli.

5. The Assistant Commissioner, Ponmalai Division, Trichirappalli Municipal Corporation, Trichirappalli. 4/5

N.ANAND VENKATESH, J.

PNM ORDER IN 28.11.2023 5/5