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Madras High CourtWP(MD)/4407/2016disposed of

Abdullah, v. The District Collector

2016-03-04Honourable Mr Justice B. Rajendran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2016 CORAM :

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition(MD)No.4407 of 2016 and W.P(MD)No.3959 of 2016 Abdullah ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Assistant Director (Panchayat) District Collector Office, Trichy District, Trichy.

3.The Block Development Officer, (Panchayat) Manapparai, 4.The Panchayat President, Panchayat Office, Puthanathan, ... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the Respondents to renew the petitioner's licence for the period commencing from 01.04.2016 to 31.03.2017 by accepting 15% of enhanced licence fee for the pay and use Panchayat Modern Toilet belonging to the 4th Respondent by considering the petitioner's representation, dated 26.02.2016. For Petitioner : Mr.S.Vinayak For Respondent : Mr.M.Rajarajan Government Advocate

O R D E R

The petitioner seeks for a Mandamus, directing the Respondents to renew the petitioner's licence for the period commencing from 01.04.2016 to 31.03.2017 by accepting 15% of enhanced licence fee for the pay and use Panchayat Modern Toilet belonging to the 4th Respondent by considering the petitioner's representation, dated 26.02.2016.

2. Mr.M.Rajarajan, learned Government Advocate takes notice for the respondents.

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

4.The petitioner was a successful bidder in the previous year auction and the period ends on 31.03.2016. Now, the petitioner wants the said period to be extended, without going through a public auction. In this regard, he has also sent a representation with Demand Draft, to renew the petitioner's licence for the period commencing from 01.04.2016 to 31.03.2017, with a request to accept 15% of enhanced licence fee, for the pay and use Panchayat Modern Toilet and the same was refused. Therefore, he has come forward with the present writ petition.

5. When the matter is taken up for hearing, learned counsel appearing appearing for the petitioner would submit that it would be suffice, if the representation of the petitioner, dated 26.02.2015, is considered by the respondents.

6. In view of the limited scope of the prayer, the respondent concerned is directed to consider the representation of the petitioner, dated 26.02.2015 and pass orders on the same on merits and in accordance with law. It is made clear that the order does not mean any positive direction and it is for the authority concerned to decide matter, as per rules and regulations.

7. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(P&A) /True copy/ Sub AssistantRegistrar To 1.The District Collector, Trichy District, Trichy.

2.The Assistant Director (Panchayat) District Collector Office, Trichy District, Trichy.

3.The Block Development Officer, (Panchayat) Manapparai,

4.The Panchayat President, Panchayat Office, Puthanathan, +1cc to Mr.A.Joel Paul Antony, Advocate SR.No.12782 sm:SK-SKN:23.3.2016:3P/6c W.P.(MD)No.4407 of 2016 04.03.2016