S. Iyyappan v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.18716 of 2015 S.Iyyappan ... Petitioner Vs.

The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to permit the petitioner to put up 7 x 4 feet roof (petty shop) on his existing flower shop in view of the respondent's order in Na.Ka.No.10525/88/A3 dated 02.01.2004 within a period stipulated by this Court.

For Petitioner :

M/s.P.Krishnaveni For Respondent :

Mr.Aathimoolapandian

ORDER

The writ petition is filed to permit the petitioner to put up roof over the petty shop for doing flower vending business. It is within the power of the respondent herein and as such, this court may not be justified in directing the respondent to grant permission. Nevertheless the ends of justice would be met, if the petitioner is granted liberty to approach the respondent with a representation ventilating his grievances and further direction to the respondent to consider representation on it own merits.

2. In the light of the above observation, this petitioner is granted liberty to approach the respondent herein ventilating his grievances and on such receipt of the said representation, the respondent herein shall consider the same on its own merits in accordance with law within a period of four weeks from the date of receipt of such representation.

3.With the above observation, this writ petition stands disposed of. No Costs.

Sd/- Assistant Registrar(AS) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-III)

To The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.

+1CC to M/s.P.Krishnaveni, Advocate, SR.No.74475 W.P.(MD) No.18716 of 2015 23.07.2018 DAS ES/SKN/RSK/SAR 3/09.08.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/