Madras High CourtWP(MD)/8380/2022disposed of

Palanikumar v. The Government Of Tamil Nadu

2022-04-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Palanikumar ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by Secretary to Government, Municipal Administration and Water Supply Department, St.George Fort, Chennai-9.

2.The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-28.

3.The District Collector, Virudhunagar District, Virudhunagar.

4.The Commissioner, Municipal Corporation Office, Sivakasi, Virudhunagar District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 11.04.2022 to exempt the petitioner from the payment of license amount during the closure period of pay and use toilet, situated at Bus Stand, Sivakasi, Virudhunagar District in view of Covid-19 pandemic.

For Petitioner : Mr.A.Arputharaj For R-1 to R-3 : Mr.D.Sasikumar, Additional Government Pleader.

For R-4 : Mrs.S.Devasena, Standing Counsel.

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ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representation dated 11.04.2022 seeking exemption from the payment of license amount during the closure period on account of the COVID19 pandemic situation in respect of the Pay and Use Toilet situated at Bus Stand Sivakasi, Virudhunagar District.

2. The petitioner has given a representation on 11.04.2022 seeking exemption from the payment of license amount due to closure of the Pay and Use Toilet situated at Bus Stand Sivakasi, Virudhunagar District, for which he was granted a license. The said representation has not been considered till date.

3. No prejudice would be caused to the respondents, if the representation of the petitioner is considered on merits and in accordance with law, after affording a fair hearing to the petitioner.

4. Accordingly, this Court directs the fourth respondent to consider the petitioner's representation dated 11.04.2022 seeking exemption from the payment of license amount during the closure period of the Pay and Use Toilet situated at Bus Stand Sivakasi, Virudhunagar District in view of COVID-19 pandemic and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including granting him the right of personal hearing, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Secretary to Government, Government of Tamil Nadu, Municipal Administration and Water Supply Department, St.George Fort, Chennai-9.

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2.The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-28.

3.The District Collector, Virudhunagar District, Virudhunagar.

4.The Commissioner, Municipal Corporation Office, Sivakasi, Virudhunagar District.

+1 CC to M/s.A. ARPUTHARAJ, Advocate ( SR-22054[F] dated 28/04/2022 ) +1 CC to M/s.SPL. GP ( SR-22969[F] dated 29/04/2022 ) 28.04.2022 GM(CO) GC(19.05.2022) 3P 7C 3/3