Madras High CourtWP(MD)/18558/2017disposed of

B.Pandi, S/O.Balachandra Naidu v. The Commissioner,

2017-10-06Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18558 of 2017 B.Pandi ... Petitioner Vs.

The Commissioner, Madurai Corporation, Madurai - 2 ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondent to consider his representation dated 16.09.2017 and pass orders in accordance of law within a stipulated time. For Petitioner : Mr.R.Swaminathan For Respondent : Mr.T.S.Mohammed Mohideen Standing Counsel

ORDER

This writ petition has been filed, seeking a writ of Mandamus, directing the respondent to consider his representation dated 16.09.2017 and pass orders in accordance of law within a stipulated time.

2.Heard both sides. By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself.

3.The learned counsel for the petitioner would submit that the petitioner was allotted the work of laying cement roads in ward No.93, Muthupatti by the respondent vide order dated 30.10.2012. The petitioner completed the work as mentioned in the order. The then Assistant Engineer inspected the work done by the petitioner and recorded the same in M.book. The petitioner claiming Rs. 5,34,439/- and Rs.5,92,031/- towards EST.No.68 and EST.No.70 respectively, for the completed work, submitted several representations to the respondent and finally on 16.09.2017. But, till date no action has been taken on his representations. Due to inaction of the respondent, the petitioner sustained heavy loss and suffered mental agony. Having no other alternative remedy, the petitioner has approached this Court by way this writ petition, seeking direction to the respondents to pass orders on his representations.

https://hcservices.ecourts.gov.in/hcservices/ 4.Mr.T.S.Mohammed Mohideen, the learned Standing Counsel, takes notice for the respondent and would submit that the

representation of the petitioner would be considered in accordance with law within the time stipulated by this Court. 5.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondent to consider the representation of the petitioner, dated 16.09.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To The Commissioner, Madurai Corporation, Madurai - 2 +1cc to Mr.R.SWAMINATHAN,Advocate,SR. 81811 +1cc to Mr.T.S.MOHAMMED MOHIDEEN,Advocate,SR. 81880 W.P(MD)No.18558 of 2017 06.10.2017 DSK KK/RSK/SAR 2/20.10.2017/ 2P- 4C/ https://hcservices.ecourts.gov.in/hcservices/