Vellaisamy v. The Director Of Town Panchayat

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Vellaisamy : Petitioner Vs.

1.The Director of Town Panchayat, Urban Administrative Buildings, 75, Santhome High Road, Pattinapakkam, M.R.C. Nagar, Raja Annamalaipuram, Chennai - 600 028.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Assistant Director of Town Panchayat, Collectrate Campus, Virudhunagar, 1/6

4.The President, Kariyapatti Town Panchayat, Kariyapatti, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 to allot the new shops constructed at the Kariyapatti Town Panchayat Bus Stand, Kariyapatti Taluk, Virudhunagar District to the allottees in a transparent manner and ensuring the new shops to be opened immediately for the use of the commuters, general public, driver, conductors.

For Petitioner : Mr.R.Murugappan For Respondents 1 to 3 : Mr.P.Thilak Kumar Government Pleader

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2/6

2.This writ petition has been filed for a Mandamus to direct the respondents 1 to 4 to allot the new shops constructed at the Kariyapatti Town Panchayat Bus Stand, Kariyapatti Taluk, Virudhunagar District to the allottees in a transparent manner and ensuring the new shops to be opened immediately for the use of the commuters, general public, driver, conductors. 3.The petitioner herein had given a representation to the respondents on 29.10.2024 in this regard. Since the said representation was not considered, the present Writ Petition has been filed.

4.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

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5.In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 29.10.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein, within a period of four [4] weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits. 6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. [M.S.R.,J.] & [A.D.M.C.,J.] 06.11.2024 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The Director of Town Panchayat, Urban Administrative Buildings, 75, Santhome High Road, Pattinapakkam, M.R.C. Nagar, Raja Annamalaipuram, Chennai - 600 028.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Assistant Director of Town Panchayat, Collectrate Campus, Virudhunagar, 4.The President, Kariyapatti Town Panchayat, Kariyapatti, 5/6

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 06.11.2024 6/6