Madras High CourtWP(MD)/10392/2016disposed of

M.Navaneetha Krishnan, v. The Commissioner,

2016-06-15Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD). No.10392 of 2016 M.Navaneetha Krishnan ... Petitioner Vs.

The Commissioner, Madurai Corporation, Madurai.

... Respondent Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondent to allot the petitioner new place for setting up the petty shop by considering the petitioner's representation dated 11.02.2016.

For Petitioner :Mr.S.Satheesh Kumar For Respondent :Mr.R.Prabhu Ramachandran Standing Counsel

O R D E R

Heard both sides.

2. By consent, the main writ petition itself is taken up for final disposal.

3. According to the petitioner, he is running a petty shop at west side of New Natham Road, north side of bus-stop and neem tree. The petty shop is about 5 x 6 feet. Originally, the petty shop was allotted to Mr.P.Shanmuga Sundaram by means of an order of the Commissioner of Madurai Corporation in Ref.No. k.t.2/38588/07, during December 2007. Till January 2011, the said Shanmuga Sundaram took care of the petty shop and later, it was transferred in the petitioner's name and the same was recognized by the respondent in February 2011.

4. The specific case of the petitioner is that he is in possession of the petty shop continuously till date and from 01.04.2013 to 31.03.2016, the licence was renewed. Even before the expiry of the licence period, prior to 31.03.2016, the petitioner has applied for renewal of licence to run the petty https://hcservices.ecourts.gov.in/hcservices/

shop in question and till date, licence is not issued in his favour. The plea taken on behalf of the petitioner is that he is struggling to run his family and the said petty shop is the only income and therefore, he prays that his representation dated 11.02.2016, addressed to the respondent/ Commissioner, Madurai Corporation is to be considered, taking into account of his pathetic situation. Since his representation dated 11.02.2016 is pending as on date, without any progress or disposal, he has filed the present writ petition before this Court.

5. In view of the fact that the High Ways Department is planning to extend the road, which includes the place, where the petitioner's petty shop is situated, at this stage, this Court directs the respondent to look into the representation of the petitioner dated 11.02.2016 and to pass a reasoned order on merits, 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(AE) /True copy/ Sub Assistant Registrar To The Commissioner, Madurai Corporation, Madurai.

+1cc to M/s.R.Prabhu Ramachandran, Advocate in SR.No.30679 +1cc to M/s.S.Satheesh Kumar, Advocate in SR.No.30683 SDR/DB/23.06.2016/2P/4C Writ Petition (MD).No.10392 of 2016 15.06.2016 https://hcservices.ecourts.gov.in/hcservices/