Madras High CourtWP(MD)/15217/2020disposed of

D.Meenackhi v. The District Collector

2020-11-03Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD) No.15217 of 2020 D.Meenakshi ... Petitioner Vs.

1.The District Collector, Madurai District Collector Office, 2.The Corporation Commissioner, Madurai Corporation, Aringar Anna Maligai, 3.The Assistant Executive Engineer, Madurai Corporation, Yanaikal Division, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents No.1 to 3 to consider the petitioner's representation dated 08.10.2020 within a time frame to be stipulated by this Court. For Petitioner : Mr.I.Joshua For R1 : Mr.A.Muthukaruppan, Additional Government Pleader.

For R2 & R3 : Mr.R.Murali, Standing Counsel.

ORDER

(This Petition was heard through video conferencing) This writ petition has been filed for a Mandamus seeking for a direction to direct the respondents to consider the petitioner's representation, dated 08.10.2020, within a time frame to be fixed by this Court.

2.The case of the petitioner is that she is a Fruit Vendor for the past 20 years and she is running her business at Door No.59, 1/3

Yannaikal, Madurai. According to her, in front of the shop, a Street Vendor has encroached and it is blocking the entrance to the petitioner's shop. Therefore, she has given a representation, dated 08.10.2020 to the respondents to remove the encroachment. According to the petitioner, till date the said representation has not been considered. In such circumstances, this writ petition has been filed.

3.Admittedly, the representation, dated 08.10.2020 has been given by the petitioner to the respondents for removal of encroachment in front of her shop at Door No.59, Yannaikal, Madurai. Admittedly, the said representation has not been considered till date. No prejudice will be caused to the respondents, if the representation of the petitioner is considered by them on merits and in accordance with law.

4.For the foregoing reasons, this Court directs the respondents to consider the petitioner's representation, dated 08.10.2020 for removal of encroachment in front of her shop at Door No.59, Yannaikal, Madurai and pass final orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5.With the aforesaid direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) gns Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Madurai District Collector Office, 2.The Corporation Commissioner, Madurai Corporation, Aringar Anna Maligai, 2/3

3.The Assistant Executive Engineer, Madurai Corporation, Yanaikal Division, +1 CC to M/s.I. JOSHUA, Advocate ( SR-21188[F] dated 04/11/2020 ) +1 CC to M/s.GP ( SR-21116[F] dated 04/11/2020 ) 03.11.2020 sss(CO) TR(10.11.2020) 3P 6C 3/3