Madras High CourtWP(MD)/14206/2018disposed of

Syed Abdul Kadher, v. The District Collector

2018-07-04Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14206 of 2018 Syed Abdul Kadher ... Petitioner vs.

1.The District Collector Ramanathapuram District Ramanathapuram 2.The Joint Director of Medical Health Services Ramanathapuram District, Ramanathapuram 3.The Revenue Divisional Officer Ramanathapuram Ramanathapuram District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, by directing the respondents to remove the lock and seal put up on the petitioner's shop situated at No.113/6, SB Complex, First Floor, Sikilraja Veethi, Vivekanandar Road, Ramanathapuram, within a stipulated time by considering his representation, dated 20.04.2018.

For Petitioner :

Mr.S.Balaji For Respondents :

Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the respondents.

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

3. It is the grievance of the petitioner that his representation dated 20.04.2018 seeking to remove the lock and seal put up on his shop situated at No.113/6, SB Complex, First Floor, Sikilraja Veethi, Vivekanandar Road, Ramanathapuram, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

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4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's representation dated 20.04.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Joint Director of Medical Health Services, Ramanathapuram District, Ramanathapuram.

3.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

+1cc to Mr.S.Balaji, Advocate, SR.No.71316.

W.P.(MD) No.14206 of 2018 04.07.2018 krk RAM/RP/SAR 2/16.07.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/