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Madras High CourtWP(MD)/9419/2015disposed of

Xaavier Doss, v. The District Collector,

2015-07-08Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.07.2015

CORAM

THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).No.9419 of 2015 Xavier Doss ... Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, Tirunelveli District,Tirunelveli.

3.The Executive Engineer, Public Works Department (Construction and Maintenance), Tirunelveli-2.

...

Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the second and the third respondents to take steps to fix the monthly rent and to pay the rent of five months from 01.01.2014 to 31.05.2014 to the petitioner's building bearing Door Number 27 B, located at EB colony East, Valliyoor, Vadakku Valliyoor Village, Radhapuram Taluk, Tirunelveli District by considering the petitioner's representation dated 19.05.2015. For petitioner : M/s.S.R.Anbarasu For respondents : Mr.K.Guru Addl.Govt.Pleader

ORDER

The petitioner has come forward with this Writ Petition praying for a Writ of Mandamus directing the second and the third respondents to take steps to fix the monthly rent and to pay the rent of five months from 01.01.2014 to 31.05.2014 to the petitioner's building bearing Door Number 27 B, located at EB colony East, Valliyoor, Vadakku Valliyoor Village, Radhapuram Taluk, Tirunelveli District by considering the petitioner's representation dated 19.05.2015.

2. Mrs.K.Guru learned Addl.Govt.Pleader takes notice for the official respondents.

3. By consent, this Writ Petition itself is taken up for final disposal.

4. The learned counsel appearing for the petitioner would submit that having used the building for the usage of the official purpose, the respondents are dragging on the matter without paying the rental arrears due to the petitioner herein. Hence, he prayed that suitable directions shall be issued to the respondents to settle the rental arrears.

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5. The learned Addl.Govt.Pleader appearing for the respondents would submit that the representation of the petitioner may be directed to be considered on merits and in accordance with law so as to give quietus to this matter.

6. This Court finds some force in the contention of the learned Counsel for the petitioner. Therefore, it is appropriate to direct the second and the third respondents to pass orders on the representation of the petitioner, dated 19.05.2015, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, Tirunelveli District,Tirunelveli.

3.The Executive Engineer, Public Works Department (Construction and Maintenance), Tirunelveli-2.

+1cc to MR.S.R.ANBARASU, Advocate in SR.No. 37664 +1CC THE SPECIAL GOVERNMENT PLEADER, IN SR.NO. 37965 Ssm SR : 23.07.2015 : 2p/6c W.P(MD).No.9419 of 2015 08.07.2015 https://hcservices.ecourts.gov.in/hcservices/