Saravanan P v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE P.Saravanan ... Petitioner Vs.
1.The District Collector, Trichy District, Trichy.
2.The Commissioner, Trichy Corporation, Bharathidasan Salai, Trichy, Trichy District.
3.The Assistant Commissioner, Trichy Corporation, Srirangam Division, Trichy District.
4.The Tahsildar, East Taluk Office, Trichy, Trichy District.
5.The District Welfare Officer for Differently Abled Persons, Trichy District, Trichy.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to consider and pass suitable orders in accordance with law on the petitioner's representation dated 11.04.2022 in view of the proceedings of the fifth respondent in Na.Ka.No.1825/SAII/2022, dated 22.04.2022 with regard to allotting him an alternative shop in Chathiram bus stand within the time limit that may be stipulated by this Court.
For Petitioner : Mr.B.S.Meltiue For R-1, R-4 and R-5 : Mr.T.Amjad Khan Government Advocate.
For R-2 and R-3 : Mr.R.Baskaran, Standing Counsel.
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ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction to the second respondent to consider the petitioner's representation dated 11.04.2022 seeking for an alternate shop in place of the existing one, as the same is going to be demolished, within a time frame to be fixed by this Court.
2. The petitioner claims that he is a visually challenged person. The petitioner is also in possession of the shop belonging to the second respondent and the said shop is going to be demolished. The petitioner seeks for an alternate shop. The petitioner has submitted a representation on 11.04.2022 for the said purpose to the respondents. Since the representation has not been considered till date, he has filed this Writ Petition.
3. The fifth respondent has already forwarded the representation of the petitioner to the second respondent by his proceedings dated 22.04.2022.
4. No prejudice would be caused to the respondents, if the petitioner's representation is considered 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 time frame to be fixed by this Court.
5. The learned Standing Counsel appearing for the second and third respondents would submit that it may not be possible for the second respondent to give an alternate shop in the very same building, as there are several litigations pending in respect of the same. The said statement is recorded.
6. For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's representation dated 11.04.2022 seeking for allotment of an alternate shop in place of the existing one occupied by the petitioner in Chathiram bus stand within a period of twelve (12) weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner including granting him the right of personal hearing.
7. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (C.O) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3
Lm To 1.The District Collector, Trichy District, Trichy.
2.The Commissioner, Trichy Corporation, Bharathidasan Salai, Trichy, Trichy District.
3.The Assistant Commissioner, Trichy Corporation, Srirangam Division, Trichy District.
4.The Tahsildar, East Taluk Office, Trichy, Trichy District.
5.The District Welfare Officer for Differently Abled Persons, Trichy District, Trichy.
+1 CC to M/s.B.S. MELTIUE, Advocate ( SR-21939[F] dated 28/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23251[F] dated 02/05/2022 ) 28.04.2022 SS/25.05.2022 : 3P/8C 3/3