Madras High CourtWP(MD)/18161/2017disposed of

Muniasamy, S/O.Ramu Thevar v. The Commissioner

2017-09-22Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18161 of 2017 and W.M.P(MD) No.14624 of 2017 Muniasamy ... Petitioner Vs.

The Commissioner Rameshwaram Municipality, Rameshwaram District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 21.07.2017 and grant extension of the licence period for the Bus Stand Entry Fee Collection Licence, Rameshwaram, Ramanathapuram District as per G.O.Ms.No.92, dated 03.07.2007.

For Petitioner : Mr.S.Chellapandian For Respondent : Mr.M.Kannan Standing Counsel

O R D E R

This writ petition has been filed seeking a Writ of Mandamus, to direct the respondent to consider the petitioner's representation dated 21.07.2017 as per G.O.Ms.No.92, dated 03.07.2007.

2. Mr.M.Kannan, learned Standing Counsel takes notice for the respondent. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, he is engaged in the collection of Bus Stand Entry Fee at Rameshwaram Bus Stand, since 2014. As per the terms of licence, he had remitted the additional amount of 5% of the bid amount for every year up to 2016-2017. All of a sudden, the respondent Municipality proposed to grant the licence to some third parties, which constrained the petitioner to submit a representation dated 21.07.2017 to the respondent, to extend the licence period and pursuant to the inaction on the part of the respondent, the present writ petition has been filed for the relief as stated supra.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Standing Counsel appearing for the respondent fairly submits that if a reasonable time is granted to the respondent, appropriate orders will be passed on the representation of the petitioner dated 21.07.2017.

5. In view of the above submission and also considering the limited scope of the relief sought for, this Court, without going into the merits of the matter, directs the respondent to consider the representation of the petitioner dated 21.07.2017 and pass appropriate orders thereon, on its own merits and in accordance with law, after affording an opportunity of hearing to the petitioner, provided the petitioner is inclined to comply with the directions of the respondent. Such an exercise shall be completed on or before 16.10.2017.

6. The writ petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To The Commissioner Rameshwaram Municipality, Rameshwaram District.

+ 1 CC TO MR.S.Chellapandian, ADVOCATE IN SR No.80762 + 1 CC TO MR.M.Kannan, ADVOCATE IN SR No.80829 rm MK/SV MMS/SAR-1/26.09.2017/2P/4C W.P(MD)No.18161 of 2017 22.09.2017 https://hcservices.ecourts.gov.in/hcservices/