Madras High CourtWP(MD)/9396/2015disposed of

Periya Raj, v. The Commissioner,

2017-12-05Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9396 of 2015 and M.P(MD)No.1 of 2015 Periya Raj ... Petitioner Vs.

The Commissioner, Thoothukudi Municipal Corporation, Thoothukudi.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, by directing the respondent to drop all his proposal of putting up a construction of a free toilet and latrine inside the Old Bus Stand, Thoothukudi on the strength of the Petitioner's representation dated 30.05.2015 and pass such other orders. For Petitioner : Mr.R.Anand For Respondent : Mr.S.Saji Bino -----

ORDER

This writ petition has been filed, seeking a Writ of Mandamus to direct the respondent to drop all his proposal of putting up a construction of a free toilet and latrine inside the Old Bus Stand, Thoothukudi on the strength of the Petitioner's representation dated 30.05.2015.

2. Heard the learned Counsel on either side.

3. The learned Counsel for the petitioner would submit that the petitioner is the lease holder in respect of the toilets inside the old bus stand, Tuticorin. On coming to know that the respondent has proposed to construct new toilets adjacent to the existing one, the petitioner submitted a representation to the respondent, to drop such a proposal. However, the respondent is proceeding with the construction. Hence, the petitioner is before this Court.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Counsel appearing for the respondent, on instructions, would submit that the representation of the petitioner would be considered on merits within the time stipulated by this Court.

5. Considering the limited scope of the relief sought for in this writ petition, this Court, without going into the merits of the case, directs the respondent to consider the representation of the petitioner dated 30.05.2015 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Commissioner, Thoothukudi Municipal Corporation, Thoothukudi.

+ 1 cc TO Mr.S.Saji Bino , Advocate in SR No. 90998 + 1 cc TO The Special Government Pleader in SR No. 91551 rm AE/MR KKR/SAR3/21.12.2017/2P/4C W.P(MD)No.9396 of 2015 05.12.2017 https://hcservices.ecourts.gov.in/hcservices/