Banumathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Banumathi ... Petitioner Vs 1.The District Collector, Tiruchirappalli.

2.The City Commissioner, Tiruchirappalli Corporation, Tiruchirappalli City.

...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 permit the petitioner to run his small road side business adjacent to the compound wall of the K.A.P.Viswathan Government Medical College Hospital for the convenience of the inpatient. For Petitioner :Mr.S.Muthukrishnan For R1 & R2 :Mr.M.Sarangan Additional Government Pleader 1/4

O R D E R

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 2.The petitioner has made a request to permit him to run a shop on the road margin filed this writ petition for a mandamus directing the respondents to consider his representation.

3. When this writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the respondents submitted that the request of this petitioner has already been rejected by the respondent corporation by order dated 24.07.2023, however, the same has not been placed at the time of filing the writ petition and therefore, this writ petition seeking for mandamus is not maintainable.

4. The learned counsel appearing for the petitioner seeks permission of this court to amend the prayer. Since the writ petition is filed for a mandamus and prior to filing of the writ petition, the respondents have considered the representation of the petitioner and 2/4

rejected the same, therefore, this writ petition is dismissed with liberty to the petitioner to challenge the impugned order in the manner known to law. No costs.

NCC : Yes / No.

Index : Yes / No.

12.09.2023 Internet:Yes am To 1.The District Collector, Tiruchirappalli.

2.The City Commissioner, Tiruchirappalli Corporation, Tiruchirappalli City.

3/4

B.PUGALENDHI, J.

am Order made in 12.09.2023 4/4