K.Sivaji, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2016 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition (MD) No.13819 of 2016 K.Sivaji ... Petitioner Vs.

The Commissioner, Madurai City Municipal Corporation, Madurai.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 04.03.2016.

For Petitioner : Mr.D.Malaichamy For Respondent : Mr.N.Shanmugaselvam

ORDER

This writ petition has been filed for the issuance of a writ of mandamus to direct the respondent to consider the representation of the petitioner dated 04.03.2016. 2.According to the petitioner, he has been running wholesale business in fruits and agricultural produces by paying necessary fees to the respondent. While so, the respondent passed a resolution to move all the fruit shops from Yanaikkal to Mattuthavani after constructing about 240 shops to ease congestion. Subsequently when the respondent has decided to allot shops at Mattuthavani to the persons like that of the petitioner by receiving necessary fees on an undertaking that the persons who are running shops in Yanaikkal have to close down the shops as per the resolution but till date, the respondent has not come forward to issue any allotment order.

Therefore, the petitioner has given a representation dated 04.03.2016 to the respondent. Since no final order has been passed, the petitioner has come up with the above writ petition seeking for the above said relief. 3.Learned counsel for the petitioner would contend that as and when the order of allotment is issued to the petitioner in the newly constructed shops at Mattuthavani, he would immediately close down the present shop at Yanaikkal.

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4.In view of the above said submission, the writ petition is disposed of with a direction to the respondent to consider the representation of the petitioner dated 04.03.2016 and pass appropriate orders, on merits and in accordance with law, within a period four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To The Commissioner, Madurai City Municipal Corporation, Madurai.

+1 cc to M/s.D.Malaichamy, Advocate in SR.No.41522 +1 cc to M/s.N.Shanmugaselvam, Advocate in SR.No.42037 sms CSL/SK-SKN/23.08.2016: 2p/4c Writ Petition (MD) No.13819 of 2016 03.08.2016 https://hcservices.ecourts.gov.in/hcservices/