Madras High CourtWP(MD)/21226/2017disposed of

Albert Jesuvaram S/O Alponse v. The Joint Commissioner,

2017-11-17Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21226 of 2017 Albert Jesuvaram ... Petitioner Vs.

1.The Joint Commissioner, HR & CE Palayamkottai, Tirunelveli, Tirunelveli District.

2.The Executive Officer/Thakkar, Sukravara Kattalai, having office at Arulmigu Issaikki Amman Thirukovil, Muppanthal, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to permit the petitioner to construct a small shop building (500 sq meter) in ReSy No J-3/4-6 in Nagercoil village Ageestwaram Taluk Kanyakumari District and consider the petitioner's representations dated 02.06.2017 and 07.07.2017. For Petitioner : Mr.D.Christenson Jugunu For Respondent 1 : Mr.T.Alaguthevan, Special Government Pleader For Respondent -2 : Mr.Sathya Singh

ORDER

This writ petition has been filed, seeking to direct the respondents to permit the petitioner to construct a shop in ReSy No J-3/4-6 in Nagercoil village Ageestwaram Taluk Kanyakumari District and consider the petitioner's representations dated 02.06.2017 and 07.07.2017.

2.Heard both sides.

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3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

4.The learned counsel for the petitioner would submit that the petitioner being the lease holder of the land in question, has submitted two representations dated 02.06.2017 and 07.07.2017, requesting the respondents to permit him to construct a shop in the land. However, the representations of the petitioner are not considered by the respondents. Hence, the petitioner, seeking appropriate direction to the respondents, is before this Court. 5.The learned Special Government Pleader appearing for the respondents submitted that the petitioner's representation would be considered on merits within the time stipulated by this Court. 6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the representations dated 02.06.2017 and 07.07.

2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Joint Commissioner, HR & CE Palayamkottai, Tirunelveli, Tirunelveli District.

2.The Executive Officer/Thakkar, Sukravara Kattalai, having office at Arulmigu Issaikki Amman Thirukovil, Muppanthal, Kanyakumari District.

+One cc to Mr.K.Sathiya Singh, Advocate, SR.No.88051 +One cc to Mr.D.Christenson Jugunu, Advocate, SR.No.87881 +One cc to The Special Government Pleader, SR.No.88212 dsk RL/6C/2P/SV/MMS/SAR1/30/11/2017 ORDER MADE IN https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)No.21226 of 2017 17.11.2017