Teppakulam Muktheeswara v. The Commissioner Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.07.2015
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.9843 of 2015 Teppakulam Muktheeswara Kovil, Pandian Nagar, Ape Auto Drivers Welfare Association, rep.by its President, A.Saravanakumar,5/25,Pookara Theru, Pagalavan Nagar, Madurai -9.
... Petitioner Vs 1.The Commissioner of Police, Madurai City.
2.The District Collector, Madurai District, Madurai.
3.The Assistant Commissioner, Madurai Corporation, Zone-3, Madurai.
4.The Divisional Engineer, Highways (Madurai), Madurai.
...
Respondents This Writ Petition has been filed praying for a Writ of Mandamus directing the second respondent to issue the "No Objection Certificate" and consequently direct the first respondent to permit the petitioner to erect the display board in the name and style as 'Theppakulam Muktheeswarar Thirukovil, Pandian Nagar Auto Stand saying "Pandian Nagar Ape Auto Drivers Welfare Association-Auto Stand" at Anuppanadi, Theppakulam, Ward No.54, Madurai Corporation Limit, Madurai. For petitioner : Mr.Arun Swaminathan for M/s.Chettinad Legal Solutions For respondents : Mr.N.S.Karthikeyan Additional Government Pleader
ORDER
The prayer in this Writ Petition is for a Writ of Mandamus directing the second respondent to issue the "No Objection Certificate" and consequently direct the first respondent to permit the petitioner to erect the display board in the name and style as 'Theppakulam Muktheeswarar Thirukovil, Pandian Nagar Auto Stand and so on at Anuppanadi, Theppakulam, Ward No.54, Madurai Corporation Limit, Madurai. https://hcservices.ecourts.gov.in/hcservices/
2. Mr.N.S.Karthikeyan, learned Additional Government Pleader accepts notice for the 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 it would be suffice if the representation of the petitioner is disposed of, by the respondent, on merits and in accordance with law within the time stipulated by this Court.
5. The learned Additional Government Pleader appearing for the respondents would submit that the representation of the petitioner will be considered in accordance with law.
6. Though the petitioner has sought a "No Objection Certificate" from the second respondent, actually, he has sent a representation to the first respondent, namely, the Commissioner of Police, Madurai, seeking "No Objection Certificate". Therefore, without going into the merits of the claim made by the petitioner in this Writ Petition, the first respondent is directed to pass appropriate orders on the representation of the petitioner, dated 17.04.2015, on merits and in accordance with law, after giving notice to the petitioner as well as the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.
If the first respondent is of the opinion that "No Objection Certificate" can be given to the petitioner for erecting the board without hindrance to the public, who in turn, forward the same to the District Collector, Madurai District, Madurai. Thereafter, the District Collector shall pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of "No Objection Certificate" received from the first respondent.
With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City.
2.The District Collector, Madurai District, Madurai. 3.The Assistant Commissioner, Madurai Corporation, Zone-3, Madurai.
4.The Divisional Engineer, Highways (Madurai),Madurai.
+1cc to M/s.Chettinad Legal Solutions,SR.No.37201 W.P(MD).No.9843 of 2015 08.07.2015 ssm PA/10.07.2015/2P/6C(IT) https://hcservices.ecourts.gov.in/hcservices/