Peermohammed v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Peermohammed ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Commissioner, Municipal Corporation, Kulithurai Corporation, Vethunimadam, Marthandam, Kanyakumari District.

3.The Regional Transport Inspector-II, Regional Transport Office, Marthandam, Kanyakumari District.

4.The Divisional Engineer, State Highways Department, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, to direct the respondents 1 and 2 to shift the Bus Shelter put up in front of the petitioner's property, by considering the petitioner's representation dated 11.10.2019.

For Petitioner : Mr.M.Mahaboob Athiff, for M/s.Ajmal Associates.

For R1, R3 and R4 : Mr.J.Gunaseelan Muthiah, Additional Government Pleader.

For R2 : Mr.P.Athimoola pandian Standing Counsel

O R D E R

This Writ Petition has been filed to direct the respondents 1 and 2 to shift the Bus Shelter put up in front of the petitioner's property, by considering the petitioner's representation dated 11.10.2019.

2.The learned counsel for the petitioner would submit that the petitioner is running a textile shop at Marthandam Village. A bus 1/3

shelter was constructed in front of the shop. Aggrieved over the same, the petitioner made a representation to the authorities. 3.It appears that pursuant to the representation, the respondents have also permitted the petitioner to shift the shelter 100 meter away from his shop.

4.During the pendency of this petition, once again, the respondents are trying to put up bus shelter in front of his shop. Aggrieved over the same, he made the representation to the first respondent on 11.10.2019. But, the respondent has not passed any order on the representation and hence, the petitioner seeks the disposal of the representation dated 11.10.2019. 5.Considering the limited prayer sought for by the petitioner, a direction is given to the first respondent to dispose of the petitioner's representation dated 11.10.2019 after giving an opportunity to all the parties concerned, either accept or reject the same, within a period of four weeks from the date of receipt of a copy of this order.

6.This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Commissioner, Municipal Corporation, Kulithurai Corporation, Vethunimadam, Marthandam, Kanyakumari District.

3.The Regional Transport Inspector-II, Regional Transport Office, Marthandam, Kanyakumari District.

4.The Divisional Engineer, State Highways Department, Nagercoil, Kanyakumari District.

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+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-95748[F] dated 04/11/2019 ) +1 CC to SPL GP ( SR-96103[F] dated 05/11/2019 ) 04.11.2019 DAS MK (13.11.2019) 3P 7C 3/3