Madras High CourtWP(MD)/23999/2017disposed of

Palani Town Muslim Dharma v. The Principal Secretary To The

2017-12-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2017

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.23999 of 2017 and W.M.P(MD)No.20169 of 2017 Palani Town Muslim Dharma Paribalana Sangam Waqf, represented by its Vice President, Palani Town, Dindigul District.

... Petitioner Vs.

1. The Principal Secretary to the Government, Municipal Administration and Water Supply Department, Government of Tamil Nadu, Fort St. George, Chennai.

2. Palani Municipality, Rep. by its Commissioner, Palani, Dindigul Distict.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to dispose of the appeal/application dated 18.09.2002 filed by the petitioner under Section 36 of District Municipality Act praying to pass on order suspending or cancelling resolution bearing No.257 dated 29.08.2002.

For Petitioner : Mr.G.Chandra Sekar For Respondents : Mr.M.Alagathevan, Special Government Pleader for R.1 Mr.G.Arjunan for R.2 *****

ORDER

Heard the learned Counsel on both sides.

https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner is carrying on business in T.S.No.50, Ward

No.4, Subramaniyam Road, Palani. It appears that the second respondent Municipality has passed a resolution dated 29.08.2002, rejecting the request of the writ petitioner to run a market in the said property. Aggrieved by the same, the writ petitioner preferred an appeal before the first respondent on 18.09.2002.

3. Till date, the said appeal has not yet been disposed of and the writ petitioner seeks a direction to the first respondent for disposal of the appeal.

4. This Court, therefore, directs the first respondent to dispose of the said appeal dated 18.09.2002, for cancelling the resolution bearing No.257 dated 29.08.2002 passed by the second respondent, on or before 31.03.2018.

5. The writ petition stands disposed of, in the above terms. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To The Principal Secretary to the Government, Municipal Administration and Water Supply Department, Government of Tamil Nadu, Fort St. George, Chennai.

+ 1 cc TO Mr.G.Chandrasekar , Advocate in SR No. 94581 + 1 cc TO Mr.G.Arjunan , Advocate in SR No. 94609 gk AE/KK/SAR1/12.01.2018/2P/4C W.P.(MD) No.23999 of 2017 22.12.2017 https://hcservices.ecourts.gov.in/hcservices/