J.Robert Raja v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No. 16987 of 2018 and W.M.P.(MD) No.14968 of 2018 Robert Raja ... Petitioner vs.

1. The Commissioner, Madurai Municipal Corporation, Madurai - 625 001.

2. The Assistant Commissioner, Madurai Corporation (Zone-I), TB Road, Mahaboopalayam, Madurai District - 625 010.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to process and finalize the petitioner's application dated 02.04.2018 for extending water and drainage connections to the petitioner's Building/Apartment at TS. No.10, Old TS No.1309/2-1 at Plot No.83, Harvey Nagar, Arasaradi, Madurai, within a reasonable time as may be prescribed by this Court.

For Petitioner :

Mr.B. Jeyakumar For Respondents :

Mr.T.S.Mohammed Mohideen

O R D E R

Mr.T.S.Mohammed Mohideen, 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 his representation dated 02.04.2018 seeking direction to the respondents for extending water and drainage connections to the petitioner's Building/Apartment at TS. No.10, Old TS No.1309/2-1 at Plot No.83, Harvey Nagar, Arasaradi, Madurai, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation 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 https://hcservices.ecourts.gov.in/hcservices/

the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondents to consider the petitioner's representation dated 02.04.2018 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/ Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar (CS-III) To:

1. The Commissioner, Madurai Municipal Corporation, Madurai - 625 001.

2. The Assistant Commissioner, Madurai Corporation (Zone-I), TB Road, Mahaboopalayam, Madurai District - 625 010.

+1cc to Mr.T.S.Mohamed Mohidheen, Advocate, SR.No.76519 +1cc to Mr.B.Jeyakumar, Advocate, SR.No. 76140 W.P.(MD) No.16987 of 2018 01.08.2018 ksa KK/RP/SAR-3/05.09.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/