← Library
Madras High CourtWP(MD)/16898/2017disposed of

S.Kumar, S/O.Subbaiah, v. The District Collector

2017-09-07Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.16898 of 2017 and W.M.P.(MD) No.13465 of 2017 S.Kumar ... Petitioner -vs1.

The District Collector, Kanyakumari District, Nagercoil.

2.

The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from disturbing the temporary fruit stall business run by petitioner at Kanagamoolam Daily Market, Vadasery, Nagercoil, Kanyakumari District on the basis of the petitioner's representation dated 26.08.2017. For Petitioner : Mr.G.Ramanathan For R1 : Mr.M.Alagathevan Spl. Govt. Pleader For R2 : Mr.P.Athimoolapandian ******

O R D E R

This writ petition has been filed, seeking to forbear the respondents from disturbing the temporary fruit stall business run by the petitioner at Kanagamoolam Daily Market, Vadasery, Nagercoil, Kanyakumari District on the basis of the petitioner's representation dated 26.08.2017.

2. Heard the learned counsel for the parties.

3. The case of the petitioner is that the petitioner, fearing that he would be evicted from the place where he is running a temporary fruit stall, pursuant to the eviction of some of the persons recently without any notice, has submitted a representation dated 26.08.2017 to the respondents, requesting them not to disturb his fruit stall business and the same did not https://hcservices.ecourts.gov.in/hcservices/

evoke any response. Hence, the petitioner is before this Court with the above prayer.

4. At this juncture, the learned Special Government Pleader appearing for R1 and the learned counsel for R2 would submit that if a reasonable time is granted to the respondents, the representation of the petitioner will be considered and suitable orders passed.

5. In view of the above submissions, this Court, without going into the merits of the matter, directs the respondents to dispose of the petitioner's representation dated 26.08.2017 and pass appropriate orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1.

The District Collector, Kanyakumari District, Nagercoil.

2.

The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.

+1cc to Spl.Government Pleader Sr.No.77717 +1cc to Mr.G.Ramanathan, Advocate Sr.No.77092 AR/RM VB/GT/SAR1/21/09/2017/2P/5C W.P(MD)No.16898 of 2017 07.09.2017 https://hcservices.ecourts.gov.in/hcservices/