Madras High CourtWP(MD)/19861/2021disposed of

Venkatesan.J v. The Commissioner

2021-11-02Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice K.Murali Shankar2 pages

W.P(MD)NO.19861 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD)NO.19861 of 2021 J.Venkatesan : Petitioner vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner(Revenue), Assistant Commissioner Office, Madurai Corporation, Madurai.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to remove the encroachment held at Thavuttu Santhai Daily Vegetable Market, Madurai, based on the petitioner's representation, dated 18.10.2021.

For Petitioner : Mr.M.Chandrabose For Respondents : Mr.K.K.Kannan Standing Counsel

O R D E R

[Order of the Court was made by M.DURAISWAMY.,J.] The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, to direct the respondents to remove the encroachment made in Thavuttu Santhai Daily Vegetable Market, Madurai, based on the representation, dated 18.10.2021. 2.The learned Counsel appearing for the petitioner submitted that though the petitioner has given a representation on 18.10.2021, the first respondent has not passed any order for the removal of the encroachment.

3.Mr.K.K.Kannan, learned Standing Counsel appearing for the respondents submitted that the first respondent may be directed to consider the petitioner's representation, dated 18.10.2021, in accordance with law.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)NO.19861 of 2021 4.Having regard to the submission made by the learned Counsel appearing on either side, taking into consideration the limited prayer sought for by the learned Counsel for the petitioner, without expressing any opinion with regard to the merits of the case, we direct the first respondent to consider the petitioner's representation, dated 18.10.2021 and pass orders after giving notice to all the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn/lr Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner(Revenue), Assistant Commissioner Office, Madurai Corporation, Madurai.

+1 CC to M/s.K.K.KANNAN, Advocate ( SR-33548[F] dated 02/11/2021 ) ORDER MADE IN W.P(MD)NO.19861 of 2021 02.11.2021 SJ(CO) RS/JGB (16.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2