M.Lakshmi v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16078 of 2018 M.Lakshmi ... Petitioner vs.

1. The General Manager, Aavin, A-1304, the Madurai District Co operative Milk Producers' Union Limited, Sivagangai Main Road, Sathamangalam, Madurai-625 020.

2. The Divisional Engineer, Madurai Division, State Highway Construction, Alagarkoil Road, Madurai-625 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to issue the allotment order for place of the near and left side entrance of Mattuthavani Flower Market, Madurai to run Milk Depot as per the first respondent's letter dated 28.05.2018 pending process on file the second respondent and on the basis of her representation dated 06.07.2018.

For Petitioner : Mr.A.Jeyaram For Respondents : Mr.J.Gunaseelanmuthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelanmuthiah, learned Additional Government Pleader takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.It is the grievance of the petitioner that her representation dated 06.07.2018 seeking to issue the allotment order for place of the near and left side entrance of Mattuthavani Flower Market, Madurai to run Milk Depot as per the first respondent's letter dated 28.05.2018, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

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4. This Court has not expressed any of its view with regard to the merits of the application made by the petitioner. It is

needless to point out that whenever an application of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's application within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 06.07.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to persons who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The General Manager, Aavin, A-1304, the Madurai District Co operative Milk Producers' Union Limited, Sivagangai Main Road, Sathamangalam, Madurai-625 020.

2. The Divisional Engineer, Madurai Division, State Highway Construction, Alagarkoil Road, Madurai-625 002.

+1cc to Mr.A.Jeyaram, Advocate SR.No.74857 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.74822 Rmi MK/KAK/SAR 2/01.08.2018/2P/5C W.P.(MD) No.16078 of 2018 24.07.2018 https://hcservices.ecourts.gov.in/hcservices/