Madras High CourtWP(MD)/10806/2016disposed of

R.Kottursamy v. The District Collector

2016-06-20Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD). No.10806 of 2016 and W.M.P.(MD).No.8390 of 2016 Thiru.R.Kottursamy ... Petitioner Vs.

1. The District Collector, Tirunelveli District.

2. The Director of Fisheries, DMS, Teynampet, Chennai-06.

3. The Assistant Director of Fisheries, (Indian Fisheries) Near Palayamkottai Bus Stand, Palayamkottai, Tirunelveli District.

4. The Executive Engineer, Public Works Department, Chittar Basin Division, Tenkasi, Kutralam-627 802.

5. The Assistant Executive Engineer, Public Works Department, Chittar Basin Sub-Division, Tenkasi, Kutralam-627 802.

... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to extend the lease period of quarry lease by 1 month pursuant to proceedings of 4th respondent dated 02.06.2015 in respect of Miscellaneous Property Nos.10, 14 and 16 by considering the petitioner's representation dated 10.06.2016 within the time limit fixed by this Hon'ble Court. For Petitioner :Mr.R.Mathiyalagan For Respondents :Mr.R.Muthu Karuppan Addl. Govt. Pleader

O R D E R

Heard both sides.

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

3. The plea of the petitioner is that his request for renewal of lease for the period 2016-17 may be considered by the fourth respondent. At this stage, the Learned Counsel for the Petitioner submits that the petitioner had approached the respondents and requested them to extend his lease period for one year and further he gave an undertaking to pay the lease amount to be fixed by the respondents for the extension period in question. Admittedly, the petitioner's representation dated 10.06.2016 is pending before the fourth respondent and the same is not yet disposed of.

4. Considering the fact that the relief sought for by the petitioner in the writ petition is only for passing of an order by this Court in directing the fourth respondent to consider his representation dated 10.06.2016, in the subject matter in issue, at this stage, this Court, without traversing upon the merits of the matter, directs the fourth respondent to look into the representation of the petitioner, dated 10.06.2016, within 5 days from the date of receipt of a copy of this order and thereafter to dispose of the said representation by passing a reasonable, speaking order (in a qualitative and quantitative term, of course, after providing necessary opportunity to the petitioner and others concerned, by following the principles of Natural Justice), within a period of two weeks thereafter.

It is open to the petitioner to submit before the fourth respondent necessary copies of records/documents. On such production of documents by the petitioner, the fourth respondent shall take into account of the same and to pass the orders in question in a dispassionate manner, uninfluenced and untrammeled with any of the observations made by this Court, in this writ petition. The petitioner is directed to lend his assistance and co-operation to the fourth respondent in disposing of the representation within the time stipulated supra.

5. With the aforesaid observations and directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS)