Manimegalai.D v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.9627 of 2021 D.Manimegalai ... Petitioner Vs.
1.The District Collector, Office of the Collectorate, Madurai.
2.The Regional Director of Municipal Administration, Kochadai, Madurai.
3.The Municipal Commissioner, Usilampatti, Madurai District.
... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the third respondent to consider the petitioner's representation dated 15.03.2021 and provide additional 10 months period to compensate the loss occurred during the Covid-19 pandemic.
For Petitioner : Mr.B.Narayanram For Respondents : Mr.P.Thilak Kumar, Standing Counsel for Government
ORDER
Mr.P.Thilak Kumar, learned Standing Counsel for the Government, accepts notice on behalf of the respondents.
2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
3. This writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the third respondent to consider the petitioner's representation dated 15.03.2021 and provide additional 10 months period to compensate the loss occurred during the Covid-19 pandemic.
4. The case of the petitioner is that she had taken auction to collect charges from the street vendors and the road margin shops within the ambit of Usilampatti Municipality from 01.05.2018 to 30.04.2021. To this effect, the petitioner paid auction bid amount of Rs.5,12,000/- for the period from 01.05.2018 to 30.04.2019 on 26.04.2018. Further, she paid Rs.2,75,000/- on 04.12.2019, Rs.1,78,293/- on 07.10.2020 and Rs.5,00,000/- on 05.03.2021. The petitioner is now having due of Rs.1,48,787/- auction bid amount to 1/3
be paid, as per the order of Municipal Commissioner dated 28.04.2018. According to the petitioner, she was unable to collect charges from the street vendors and the road margin shops because of various stages of lockdown due to Covid-19. Therefore, she submitted a representation to the respondents on 15.03.2021, requesting them to extend the duration of auction for additional period of ten months from 30.04.2021. However, her request is not considered by the respondents till date. Hence, this writ petition.
5. The learned counsel for the petitioner would state that it would be suffice if a direction is given to dispose of the representation of the petitioner.
6. The learned standing counsel for the respondents would state that the representation of the petitioner would be considered within a reasonable time.
7. Considering the submissions of the learned counsel for the petitioner as well as the respondents and in the light of the facts and circumstances of the case, without going into the merits of the case projected by the petitioner either in her representation or in this Writ Petition, the third respondent is directed to consider the representation of the petitioner dated 15.03.2021, on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.
8. With the above direction, the writ petition is disposed of. No Costs.
Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1.The District Collector, Office of the Collectorate, Madurai.
2/3
2.The Regional Director of Municipal Administration, Kochadai, Madurai.
3.The Municipal Commissioner, Usilampatti, Madurai District.
+1 CC to M/s.SPL GP ( SR-18904[F] dated 07/06/2021 ) W.P(MD)No.9627 of 2021 04.06.2021 KK(15.06.2021) 3P 5C 3/3