Madras High CourtWP(MD)/7840/2013closed

P. Kayambu, v. The Commissioner,

2017-11-30Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.7840 of 2013 P.Kayambu ... Petitioner Vs.

1.The Commissioner, Madurai City Municipal Corporation, Arignar Anna Maligai, Tallakulam, Madurai-2.

2.The Assistant Commissioner, (Revenue), Madurai City Municipal Corporation, Arignar Anna Maligai, Tallakulam, Madurai-2.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondent to consider the petitioner's representation dated 12.04.2013 and thereby direct the respondents to allot either shop No.39 or to grant license to put up a Bunk Stall in the vacant place lying outside the Arapalayam Bus Stand, Madurai. For Petitioner : Mr.D.Sadiq Raja For Respondents : Mr.R.Murali

ORDER

This writ petition has been filed, seeking to direct the respondent to consider the petitioner's representation dated 12.04.2013 and thereby direct the respondents to allot either shop No.39 or to grant license to put up a Bunk Stall in the vacant place lying outside the Arapalayam Bus Stand, Madurai. 2.Heard both sides.

3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

4.The learned counsel for the petitioner would submit that the petitioner was allotted a shop by the first respondent and later on, as the allotted shop was needed for the use of respondents, the petitioner was allotted with another shop temporarily and he was given assurance that a new shop would be allotted later. While so, the respondents issued a show cause notice dated 07.08.2012, calling for his explanation in respect of cancelling the allotment. Since, the petitioner's representation seeking https://hcservices.ecourts.gov.in/hcservices/

allotment of shop No.39, is kept pending, the petitioner is before this Court.

5. It is seen that the petitioner has submitted his representation seeking a shop in the year 2013 and it is not known whether such a claim still subsists due to passage of time. 6.Under such circumstances, considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs respondents to consider the petitioner's representation dated 12.04.2013 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order, if not already passed.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Commissioner, Madurai City Municipal Corporation, Arignar Anna Maligai, Tallakulam, Madurai-2.

2.The Assistant Commissioner, (Revenue), Madurai City Municipal Corporation, Arignar Anna Maligai, Tallakulam, Madurai-2.

+1cc to Mr.R.MURALI,Advocate,SR.90704 +1cc to Mr.D.SADIQRAJA,Advocate,SR.90847 W.P(MD)No.7840 of 2013 30.11.2017 DSK KK/SV MMS/SAR4/28.12.2017/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/