R. Vallinayagam v. The Commissiner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2015

CORAM:

THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.20369 of 2015 and M.P.(MD)No.1 of 2015 R.Vallinayagam ...

Petitioner Vs.

1.The Commissioner, Tirunelveli City Corporation, Tirunelveli.

2.The Assistant Commissioner, Tirunelveli City Corporation, Tirunelveli Town Region, Tirunelveli.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant licence to the petitioner to collect fixed amount in the pay and use toilet at Nethaji Bose Market, Tirunelveli Town Region, Tirunelveli for the period 2014-2017 by considering the petitioner's representation dated 25.02.2015 and 04.06.2015 within a stipulated time.

For Petitioner : Mr.V.Meenakshisundaram For Respondents : Mr.Aayiram K.Selvakumar, GA

O R D E R

Mr.Aayeram K.Selvakuma, learned Government Advocate takes notice for the respondents. By consent, the Writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner seeks for a mandamus, directing the respondents to grant licence to collect fixed amount for the pay and use toilet at Nethaji Bose Market, Tirunelveli Town region for the period from 2014 - 2017 by considering his representations dated 25.02.2015 and 04.06.2015. 3.It is stated that the petitioner is the successful bidder in respect of grant of licence for collecting fixed amount in the said pay and use toilet. It is further stated that though the petitioner was declared as successful bidder as early as in the month of October 2014, till this date the respondents have not handed over the premises by granting licence to the petitioner under guise of making some repair work. Therefore, the petitioner is aggrieved by not issuing the licence and also not entrusting the said place to the petitioner, even though he became successful bidder. It appears that the petitioner, ventilating such grievance, has given two representations dated 25.02.2015 and 04.06.2015 and those representations are said to be still pending without https://hcservices.ecourts.gov.in/hcservices/

passing orders. Therefore, this Court, without going into the other merits and the contentions raised, is inclined to pass an order, directing the respondents to consider the petitioner's representations dated 25.02.2015 and 04.06.2015 and pass orders on the same without loss of further time, at any event, within a period of 3 weeks from the date of receipt of a copy of this order, in view of the fact that the licence period itself is for 3 years commencing from 2014 - 2017. 4.With the above direction the Writ petition is disposed of. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Tirunelveli City Corporation, Tirunelveli.

2.The Assistant Commissioner, Tirunelveli City Corporation, Tirunelveli Town Region, Tirunelveli.

+1CC to Mr.D.Nallathambi Advocate Sr.No.65892 +1CC to Mr.Aayiram K.Selvakumar Advocate Sr.No.66117 GJM/JGB/DP/23.11.2015-2P-5C W.P.(MD)No.20369 of 2015 Dated : 17.11.2015 https://hcservices.ecourts.gov.in/hcservices/