A.Rahamathulla v. The Municipal Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.05.2017

CORAM:

THE HON'BLE Mr.JUSTICE M.V.MURALIDARAN and THE HON'BLE Mr.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.10080 of 2017 and W.M.P.(MD)nO.7730 of 2017 A.Rahamathulla ... Petitioner Vs.

1.The Municipal Commissioner, Pattukkottai Muncipality, Pattukkottai, Thanjavur District.

2.B.Suyaibu 3.Subaitha Ammal 4.Jeenath Nisha ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the first respondent to take action on unauthorized construction of building in T.S.No. 10/2 at Block - 1, Ward - D at Chinnaiah Street, Pattukkottai Town, put up by the respondents 2 to 4 based on petitioner's representation dated 10.05.2017. For Petitioner : Mr.R.Meenakshi Sundaram For Respondent 1 : Mr.T.R.Janardhanan Additional Government Pleader

O R D E R

(Order of the court was made by M.V.MURALIDARAN,J.) This writ petition has been filed by the petitioner for issuance of a writ of Mandamus, directing the first respondent to take action on unauthorized construction of building in T.S.No. 10/2 at Block - 1, Ward - D at Chinnaiah Street, Pattukkottai Town, put up by the respondents 2 to 4 based on petitioner's representation dated 10.05.2017.

https://hcservices.ecourts.gov.in/hcservices/ 2.The learned Additional Government Pleader takes notice for the first respondent. In view of the order to be passed in this

petition, notice to the respondents 2 to 4 are dispensed with. 3.At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the representation of the petitioner, dated 10.05.2017, is directed to be disposed of, by the first respondent on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing on behalf of first respondent has no objection for such an order being passed by this Court.

5. In view of the averments made in the affidavit filed in support of this Writ Petition and in view of the submissions made by the learned counsel appearing on behalf of the petitioner, the first respondent is directed to consider and dispose of the representation of the petitioner, dated 10.05.2017, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording sufficient opportunity to the petitioner as well as the other interested persons, if any.

6. The Writ Petition stands disposed of with the above directions. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Municipal Commissioner, Pattukkottai Muncipality, Pattukkottai, Thanjavur District.

+1cc to Mr.R.Meenakshisundaram, Advocate in SR.No.57584 GNS/RR AE/KP/SAR4/08.06.2017/2p/3c W.P.(MD)No.10080 of 2017 and W.M.P.(MD)nO.7730 of 2017 26.05.2017 https://hcservices.ecourts.gov.in/hcservices/