Madras High CourtWP(MD)/8352/2020disposed of

S.Suriyanarayanan v. The District Collector

2020-07-30Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO. 8352 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.07.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8352 of 2020 S.Suriyanarayanan ... Petitioner Vs.

1. The District Collector, Office of the District Collector, Madurai District, Madurai.

2. The Commissioner, Madurai Corporation, Anna Maligai, Madurai - 625 020.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to repair/renovate the public street and lay the tar road in Block No.18, T.S.No.96, situated at Sellathammal Kovil Street, Managiri, Madurai Corporation and to maintain the public street by the second respondent herein on the basis of the petitioner's representation dated 20.02.2020. For Petitioner : Mr.K.Muthumalai For R-1 : Dispensed with.

For R-2 : Mr.T.S.Mohammed Mohideen * * *

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the second respondent Corporation.

2. Notice to the first respondent is dispensed with.

3. The petitioner is a resident of the petition mentioned street. He wants the second respondent to repair and renovate the same and lay Tar road. He had already given a representation on 20.02.2020 in this regard.

4. I am afraid that I cannot give any positive direction as such. In the very nature of things, these public works involve financial outlay. It is the Corporation that has to take a call in the matter. When I indicated that this Court will not be in a position to grant the relief sought for, the petitioner's counsel https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 W.P.(MD)NO. 8352 OF 2020 states that as and when any allocation is made, the work can be directed to be carried out. To this request, no exception can be taken.

5. I therefore called upon the second respondent to take a decision on the petitioner's representation at the appropriate time. I make it clear that I have not imposed any limit. It will not be open to the petitioner to later file a contempt petition complaining that the order passed by this Court has been disobeyed.

6. With these observations and clarifications, this writ petition stands disposed of. No costs.

Sd/- Deputy Registrar (Accounts) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu 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 District Collector, Madurai District, Madurai.

2. The Commissioner, Madurai Corporation, Anna Maligai, Madurai - 625 020.

+1 CC to Mr.T.S. MOHAMED MOHIDHEEN, Advocate ( SR-13368[F] dated 30/07/2020 ) +1 CC to SPL GP ( SR-13456[F] dated 31/07/2020 ) W.P.(MD)No.8352 of 2020 30.07.2020 VB (05.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4