Madras High CourtWP(MD)/16061/2019disposed of

J.Glory v. The Commissioner

2019-07-19Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.16061 of 2019 and W.M.P(MD)No.12766 of 2019 J.Glory ... Petitioner Vs.

1. The Commissioner, Madurai Municipal Corporation, Madurai - 625 016.

2. The Assistant Commissioner, Zone - 1, Madurai Corporation, TB Road, Mahaboopalayam, Madurai - 625 010.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to provide drinking water connection and underground drainage connection to the petitioner's building / Apartment Flat No.A-2, Plot No.83, situated at T.S.No.10, Old T.S.No.1309/2-1, Harvey Nagar, Arasaradi, Madurai based on the petitioner's application dated 25.03.2019 within the time stipulated by this Court.

For Petitioner :

Mr.R.Karunanidhi For Respondents :

Mr.N.Shanmugha Selvam

ORDER

The short prayer in this Writ Petition is for a Mandamus, directing the respondents / the Commissioner and the Assistant Commissioner of the Madurai Corporation to dispose of the petitioners' application dated 25.03.2019, wherein the petitioner seeks a drinking water connection and underground drainage connection to her building / apartment situated at T.S.No.10, Old T.S.No.1309/2-1, Harvey Nagar, Arasaradi, Madurai. 2.Mr.N.Shanmugha Selvam, learned counsel, who accepts notice on behalf of the respondents, confirms today that the application is pending.

https://hcservices.ecourts.gov.in/hcservices/ 3.Insofar as the relief sought is one that should be expeditiously considered, this Court is inclined to direct the

concerned authority to take the matter up for adjudication and disposal at the earliest. It appears, however, that the representation has been filed before the first respondent, whereas, the second respondent is the proper authority to consider the same. Thus, the petitioner is permitted to file a fresh application seeking the relief sought for by her in application dated 25.03.2019 within a period of two weeks from today before the second respondent. Such application, if filed as aforesaid, shall be disposed by the second respondent on merits and in accordance with law, within a period of four weeks from the date of receipt of the application.

4.This Writ Petition is disposed of in the aforesaid terms. No costs. consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To

1. The Commissioner, Madurai Municipal Corporation, Madurai - 625 016.

2. The Assistant Commissioner, Zone - 1, Madurai Corporation, TB Road, Mahaboopalayam, Madurai - 625 010.

+2 CC to Mr.R.KARUNANIDHI, Advocate ( SR-76244[F] dated 19/07/2019 ) +1 CC to Mr.N.SHANMUGASELVAM, Advocate ( SR-76981[F] dated 23/07/2019 ) W.P(MD)No.16061 of 2019 19.07.2019 PS MK (31.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/