M.M.Murugan, S/O.M.Muthan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20914 of 2017 M.M.Murugan ... Petitioner Vs.

1.The District Collector, Theni District.

2.The Assistant Director of Town Panchayats, Theni District.

3.The Executive Officer, Vadugapatti Selection Grade Town Panchayat, Vadugapatti, Periyakulam Taluk, Theni District.

... Respondents PRAYER: Writ petition is filed, Under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents herein to consider the representations of the petitioner dated 11.10.2017 and 26.10.2017 in person on merit and in accordance with law. For Petitioner : Mr.M.Natarajan For Respondents : Mr.M.Alagathevan, Special Government Pleader.

O R D E R

This writ petition is filed seeking a writ of mandamus to direct the respondents to consider the representations of the petitioner, dated 11.10.2017 and 26.10.2017, on merits and in accordance with law.

2.Mr.M.Alagathevan, learned Special Government Pleader, takes notice for the respondents.

3.By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself. 4.Heard both sides.

5.The petitioner made two representations, dated 11.10.2017 and 26.10.2017, to the first respondent, seeking to cancel the alleged public auction conducted in respect of pay and use public toilet and also consider his highest offer.

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6.The learned counsel appearing for the petitioner would submit that it would be suffice, if the representations of the petitioner, dated 11.10.2017 and 26.10.2017, are disposed of by the first respondent, as per law.

7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the first respondent to consider the representations of the petitioner, dated 11.10.2017 and 26.10.2017, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Theni District.

2.The Assistant Director of Town Panchayats, Theni District.

3.The Executive Officer, Vadugapatti Selection Grade Town Panchayat, Vadugapatti, Periyakulam Taluk, Theni District.

+One cc to The Special Government Pleader, SR.No.87302 +One cc to Mr.M.Natarajan, Advocate, SR.No.86983 smn RL/6C/2P/SV/MMS/SAR1/30/11/2017 ORDER MADE IN W.P(MD)No.20914 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 14.11.2017