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Madras High CourtWP(MD)/12282/2018disposed of

L.Gunasekaran, v. The Commissioner,

2018-06-08Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12282 of 2018 L.Gunasekaran ... Petitioner -Vs1. The Commissioner, Agricultural Marketing & Agri Business Directorate, Thiru Vi Ka Industrial Estate, Guindy, Chennai.

2. The Secretary, Agricultural Marketing & Agri Business Department, Madurai Marketing Committee, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to proceed with the registration in favour of the petitioner in respect of shop No.157J of Madurai Mattuthavani Paddy Commercial Complex building as per the proceedings of the first respondent dated 05.10.2017 and based on the representation of the petitioner dated 09.05.2018.

For Petitioner : Mr.P.Sona Alagesh For Respondents : Mr.J.Gunaseelan Muthiah, Additional Government Pleader.

ORDER

Heard Mr.P.Sona Alagesh, learned counsel appearing for the petitioner and Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, who takes notice on behalf of 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 09.05.2018 to proceed with the registration in favour of the petitioner in respect of Shop No.157J of Madurai Mattuthavani Paddy Commercial Complex building, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

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

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 first respondent to consider the petitioner's representation dated 09.05.2018 in the light of the proceedings of the first respondent dated 05.10.2017 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.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Commissioner, Agricultural Marketing & Agri Business Directorate, Thiru Vi Ka Industrial Estate, Guindy, Chennai.

2. The Secretary, Agricultural Marketing & Agri Business Department, Madurai Marketing Committee, Madurai.

+1CC to Mr.P.Sona Alagesh, Advocate, SR.No.67468 +1CC to the Special Government Pleader SR.No.67493 W.P.(MD)No.12282 of 2018 08.06.2018 MYR ES/SV/MMS/SAR 1/18.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/