A.Sheik Maideen v. Kodaikanal Municipality,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No. 12200 of 2018 A.Sheik Maideen ... Petitioner vs.

Kodaikanal Municipality Kodaikanal Dindigul District Rep.by its Commissioner ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to grant an extension for a period of one year for collection parking charges in Bruton Compound by applying the Doctrine of Equity and Doctrine of Legitimate Expectation. For Petitioner : Mr.Niranjan S.Kumar for Mr.G.Lakshmanan For Respondent : Mr.T.S.Mohammed Mohideen

O R D E R

The present writ petition is not maintainable in view of the fact that the petitioner has earlier filed a writ petition in W.P (MD) No.4833 of 2018 and this Court by an order dated 17.04.2018 had directed the respondent to consider his representation dated 23.02.2018 seeking for extension of the lease period for a further period of one year.

2. The learned counsel for the petitioner submitted that since the petitioner had been granted license for collecting the parking fees at a high bid of Rs.26,00,000/-, he is unable to recover the money in view of various encroachments in the subject property.

3. It is rather unfortunate that though this Court had passed orders on 17.04.2018 directing the respondent to consider the representation within a period of four weeks the order has not been complied with till date.

4. The learned Standing Counsel for the respondent submitted that the petitioner's application is being processed and final orders will be passed expeditiously.

https://hcservices.ecourts.gov.in/hcservices/

5. Hence, there shall be a direction to the respondent to comply with the earlier orders of this Court dated 17.04.2018

passed in W.P(MD) No.4833 of 2018 directing him to consider the petitioner's representation within a period of two weeks from the date of receipt of a copy of this order. While considering the petitioner's representation, the respondent shall take sympathetic view in the light of the submission of the learned counsel for the petitioner that the petitioner unable to recover the the lease amount.

6. Accordingly the Writ petition is closed. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS-IV) +1cc to Mr.Niranjan S.Kumar, Advocate SR.No.76441 +1cc to Mr.T.S.Mohammed Mohideen, Advocate SR.No.76520 AAV MK/RSK/SAR 4/09.08.2018/2P/3C W.P.(MD) No. 12200 of 2018 01.08.2018 https://hcservices.ecourts.gov.in/hcservices/