Madras High CourtWP(MD)/26378/2019disposed of

K.Rajapushpam v. The Commissioner

2019-12-12Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.26378 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.26378 of 2019 K.Rajapushpam ... Petitioner Vs.

1.The Commissioner, Madurai Corporation Office, Anna Maaligai, Madurai District.

2.The District Collector, Madurai District, 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 issue alternative place for residence and compensation by considering the representation of the Petitioner, dated 22.11.2019.

For Petitioner : Mr.V.Chandrapandi For Respondent-1 :Mr.Prabhu Ramachandran For Respondent-2 :Mr.M.Murugan Govt.Advocate

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to provide an alternative place for residence and compensation by considering the representation of the Petitioner, dated 22.11.2019. 2.Mr.Prabhu Ramachandran, learned counsel takes notice for the first respondent and Mr.M.Murugan, learned Government Advocate takes notice for the second respondent.

3. By consent of both parties, the main Writ Petition is taken up for final disposal.

4.The case of the petitioner is that she is a deserted women having two sons, residing at No.77, Vaigai Vadakarai, R.R.Mandabam, Madurai - 625 020, for the past thirty years. All of a sudden, the first respondent had issued a notice, dated 16.8.2019 directing the Petitioner to remove the encroachment made by her and to give reply within three days from the date of receipt of notice. Since the Petitioner has no alternative accommodation, she has submitted a representation, dated https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.26378 of 2019 22.11.2019 to the first respondent seeking alternative place for residence and for compensation. The said representation is said to be still pending. Hence, the petitioner has come forward with the present Writ Petition for the relief stated supra. 5.Therefore, without expressing any opinion on the merits of the claim made by the petitioner, the second respondent is directed to consider the representation of the petitioner, dated 22.11.2019 and pass appropriate orders on the same, on merits and in accordance with law, after giving due opportunity of hearing to all the necessary parties, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) vsn To 1.The Commissioner, Madurai Corporation Office, Anna Maaligai, Madurai District.

2.The District Collector, Madurai District, Madurai.

+1 CC to MR.R.PRABHU RAMACHANDRAN, Advocate ( SR-104623[F] dated 12/12/2019 ) +1 CC to MR.V.CHANDRAPANDIAN, Advocate ( SR-104836[F] dated 13/12/2019 ) +1 CC to SPL.GP ( SR-104967[F] dated 13/12/2019 ) ORDER MADE IN W.P(MD)No.26378 of 2019 12.12.2019 KM/(31.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2