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Madras High CourtWP(MD)/6071/2021disposed of

Murugan.S 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 S.Murugan ... 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, directing the 4th respondent to consider the petitioner's representation, dated 29.10.2020 and to waive the lease amount for the period of March 2020 to October 2020 in the light of Clause 40 of the 4th respondent counsel resolution No.466, dated 31.12.2018 in respect of General conditions and to waive the licence fee for the period of April 2020 to October 2020 for the reason of epidemic for the licence granted by the 5th respondent by his proceedings, dated 7.3.2019 in Na.Ka.NO/A1/1490/2019/PON for collecting fees for Pay and use Public Toilets of East side, West side and Middle portion at Central Bus Stand, Trichirappalli. 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 29.10.2020, wherein, the petitioner has sought for waiver of lease fee for the period from 24.03.2020 to 01.10.2020. 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. This writ petition has been filed for issuance of that of mandamus directing the respondents to consider the representation made by the petitioner on 4/5

N.ANAND VENKATESH, J.

PNM ORDER IN 28.11.2023 5/5