Ramachandran N v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 03/09/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR Ramachandran N ... Petitioner Vs The Commissioner, Pudukkottai Municipality, Municipality Office, Santhaipettai, Pudukkottai District. ... Respondent PRAYER :- Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus directing the respondent to fix the place to an extent of 10 x 5 is equal to 150 sq.ft. at Mela Raja Veethi, Near Ulavarsanthai, Pudukkottai and also further directing the respondent to upload the order in Na.Ka.No. 3661/2017/A4 dated 02.01.2018 in the data entry of the respondent Municipality so as to enable the petitioner to pay the rent regularly on the basis of the petitioners representation dated 15.02.2023.

For Petitioner : M/s.Mathavan G, For Respondent : Mr.S.Kameswaran 1/4

ORDER

The writ petition has been filed for a mandamus directing the respondent to fix the place to an extent of 10 x 5 is equal to 150 sq.ft. at Mela Raja Veethi, Near Ulavarsanthai, Pudukkottai and also further directing the respondent to upload the order in Na.Ka.No. 3661/2017/A4 dated 02.01.2018 in the data entry of the respondent Municipality so as to enable the petitioner to pay the rent regularly on the basis of the petitioner's representation dated 15.02.2023.

2. It is the case of the petitioner that by resolution of the council, a place was earmarked and allotted to the petitioner to run a small petty shop. Thereafter, the petitioner was evicted from the place and an alternate site was allotted by resolution and an order was also passed in his favour on 02.01.2018. As per the said resolution, the vacant site of 10x15 sq ft. was allotted to him to run the petty shop, for which the petitioner has also paid the deposit amount and also paying the rent. However, due to COVID-19 pandemic, he could not run his business and when he attempted to open his shop, it was objected to by the nearby owners and when the petitioner was about to pay the rent, the authorities 2/4

denied to accept the rent and hence, he has given a representation on 15.02.2023. Since the same has not been considered so far, the petitioner is before this Court.

3. In view of the limited relief sought for by the petitioner, the respondent is directed to consider the representation of the petitioner dated 15.02.2023 and pass appropriate orders on merits and in accordance with law within a period of one month from the date of receipt of a copy of this order.

4. The writ petition is disposed of with the above direction. No costs.

03.09.2024 RR TO

1. The Commissioner, Pudukkottai Municipality, Municipality Office, Santhaipettai, Pudukkottai District.

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N.SATHISH KUMAR,J

ORDER

IN WP(MD) No.7278 of 2023 Date : 03/09/2024 4/4