Madras High CourtWP(MD)/4765/2014disposed of

Balakrishnan v. The District Collector,

2017-07-12Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.4765 of 2014 and M.P.(MD) No.1 of 2014 Balakrishnan ... Petitioner -vs1. The District Collector, O/o.The District Collector, Madurai.

2. The Commissioner, Madurai Corporation, Madurai.

3. The Regional Manager, SETC, Tamil Nadu State Transport Corporation, SIPCOT, Madurai-2.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the Respondents to remove the Amma Drinking Water Booth in front of the petitioner's shop at 1st platform, Mattuthavani Bus Stand, Madurai and replace the same in front of the respondent No.3's office or any other competent place by considering the petitioner's representation dated 28.10.2013 and pass such further or other orders. For Petitioner : Mr.S.M.A.Jinnah For R1 & R2 : Mr.J.Gunaseelan Muthiah Govt. Advocate For R3 : Mr.K.Sathiya Singh

O R D E R

This writ petition has been filed, seeking a direction to the Respondents to remove the Amma Drinking Water Booth in front of the petitioner's shop at 1st platform, Mattuthavani Bus Stand, Madurai and replace the same in front of the respondent No.3's office or any other competent place by considering the petitioner's representation dated 28.10.2013.

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2. The case of the petitioner is that he has made a

representation dated 28.10.2013 to the respondents, requesting them to remove the Amma Drinking Water Booth, which, according to him, was mounted in front of his shop. The said submission is stoutly refuted by the learned Government Advocate appearing for R1 & R2 as well as the counsel for R3.

3. Heard the learned counsel on either side.

4. Considering the above submissions, this Court, without going into the merits of the rival claims and to give quietus to the issue, directs the petitioner to give a copy of the representation dated 28.10.2013 along with this order to the respondents within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider the representation dated 28.10.2013 and dispose of the same on merits and in accordance with law within a period of four weeks thereafter.

5. With the above direction, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, O/o.The District Collector, Madurai.

2. The Commissioner, Madurai Corporation, Madurai.

+ 1 CC TO Mr.K.SATHIYA SINGH, ADVOCATE IN SR No. 64375 + 1 CC TO Mr.J.GUNASEELAN MUTHIAH, ADVOCATE IN SR No. 64823 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 65242 AR/RM TE/JC/SAR-III : 24/07/2017 : 2P/6C W.P.(MD)No.4765 of 2014 and M.P.(MD) No.1 of 2014 12.07.2017 https://hcservices.ecourts.gov.in/hcservices/