Madras High CourtWP(MD)/19889/2017disposed of

S.Ramakrishnan v. The Commissioner,

2017-10-30Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19889 of 2017 S.Ramakrishnan ... Petitioner Vs.

The Commissioner, Madurai Corporation, Madurai.

... Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to provide alternate vacant site to construct the vegetable Shop No.534 at Central Vegetable Market at Mattuthavani Main Road at Madurai by considering the representation of the petitioner dated 12.10.2017.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondent : Mr.R.Prabhu Ramachandran *****

ORDER

By consent, this writ petition itself is taken up for final disposal.

2. Mr.R.Prabhu Ramachandran, learned Counsel, takes notice for the respondent.

3. According to the petitioner, pursuant to the resolution of the respondent to construct 12 shops in the market in question, an auction was conducted on 25.07.2011, vide which, the petitioner was allotted with Shop No.534. Thereafter, the respondent constructed and handed over nine shops (Shop Nos. 525 to 533) to the respective parties and three more shops are yet to be constructed. The case of the petitioner is that the place, which was meant for his shop (Shop No.534), was being used as a pathway for accessing the other shops and therefore, he submitted a representation on 12.10.2017, to the respondent, seeking alternative vacant site to construct the shop. As the same is kept pending, without any action, the petitioner is before this Court.

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4. The learned Counsel for the petitioner submitted that it would be suffice if the representation of the petitioner dated 12.10.2017, is disposed of, by the respondent, on merits and in accordance with law, within a time frame to be fixed by this Court.

5. Considering the limited scope of the relief sought for, this Court, without expressing any opinion on the merits of the petitioner's claim, directs the respondent to consider the representation of the petitioner dated 12.10.2017 and pass appropriate orders, on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner, 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.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The Commissioner, Madurai Corporation, Madurai.

+1cc to Mr.R.Prabhu Ramachandran, Advocate Sr.No.84090 GK VB/MR/KKR/SAR4/09/11/2017/2P/3C W.P.(MD)No.19889 of 2017 30.10.2017 https://hcservices.ecourts.gov.in/hcservices/