B.Pandi, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.12495 of 2017 B.Pandi : Petitioner -vsThe Commissioner, Madurai Corporation, Madurai City. : Respondent Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct the respondent to issue work order to the petitioner as prayed in his representation, dated 27.05.2016, by considering the same and pass orders within a stipulated time.

For Petitioner : Mr.N.Karthik Kanna For Respondent : Mr.T.S.Mohamed Mohidheen

O R D E R

The prayer sought for in this writ petition is to direct the respondent to issue work order to the petitioner as prayed in his representation, dated 27.05.2016.

2.Heard Mr.N.Karthik Kanna, learned counsel for the petitioner and Mr.T.S.Mohamed Mohidheen, learned counsel for the respondent and perused the materials available on record. 3.The learned counsel for the petitioner would submit that the petitioner was allotted work for making Paver Block roads in Ward 15, Zone I, Mela Ponnagaram 7th and 8th Streets in the year 2014 and he has completed his work satisfactorily.

4.The petitioner would claim that at the request of Mrs.J.Jeyalakshmi, 5th Ward Councilor, the petitioner has made work in the 3rd cross road, on the assurance to get the allotment order. Since it was not complied with, the petitioner sent representations, dated 27.07.2015 and 27.05.2016, however, no favourable order has been passed so far. Hence, the writ petition.

5.Mr.T.S.Mohamed Mohidheen, learned counsel for the respondent would submit that the petitioner has not impleaded the councilor as one of the respondents in this case and without getting work order, the petitioner is said to have completed the https://hcservices.ecourts.gov.in/hcservices/

work and therefore, now, the request of the petitioner cannot be considered.

6.However, considering the facts of this case and also considering the prayer sought for in this writ petition, without going into the merits of the matter, this writ petition is disposed of with a direction to the respondent to consider the representation of the petitioner, dated 27.05.2016 and pass suitable orders purely on merits and in accordance with law, after affording opportunity of hearing to the petitioner as well as the parties concerned, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of the order copy. No costs.

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To The Commissioner, Madurai Corporation, Madurai. +1 CC to M/s.N.KARTHICK KANNA, Advocate, SR No. 64781/2017. +1 CC to M/s.T.MOHAMED MOHIDEEN , Advocate, SR No. 64705/2017 ER PSM/MR-KKR/SAR2/25.07.2017/2P/4C W.P.(MD)No.12495 of 2017 11.07.2017 https://hcservices.ecourts.gov.in/hcservices/