Madras High CourtWP(MD)/17080/2018disposed of

R.Balaguru v. The Commissioner

2018-08-02Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17080 of 2018 R.Balaguru ... Petitioner vs.

The Commissioner The Corporation of Ramanathapuram Ramanathapuram District ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to consider the petitioner representation dated 22.05.2018 and confirming any place within the jurisdiction of municipality ramanathapuram busstand within a stipulated time. For Petitioner :

Mr.K.Palmurugan For Respondent :

Mr.A.Kannan Standing Counsel

O R D E R

Mr.A.Kannan, learned standing counsel, takes notice for the respondent.

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 22.05.2018 seeking to allot a place for him to run Aavin Booth opposite to Ramanathapuram Bus Stand, has not been considered by the respondent 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 respondent is 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 his office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct him to consider the petitioner's representation within a stipulated time.

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5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider

the petitioner's representation dated 22.05.2018 on its own merits and take further action in accordance with law, within a period of two 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 the persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-III) To The Commissioner The Corporation of Ramanathapuram Ramanathapuram District.

+1cc to Mr.K.Palmurugan, Advocate Sr.No.76754 KRK VB/KAK/SAR3/13.08.2018/2P/3C W.P.(MD) No.17080 of 2018 02.08.2018 https://hcservices.ecourts.gov.in/hcservices/