Manimaran v. The Port Blair Municipal Council And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/406/2024 Manimaran Vs The Port Blair Municipal Council and others Ms. Anjili Nag ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents August 7, 2024 [SR] Item Nos.26 Affidavit of service has been filed. Nobody appears for the private respondent. However, in view of the nature of the order that I propose to pass, I am not deferring the hearing of this writ application.

The grievance of the petitioner is that the private respondent has encroached a government land next to the petitioner's property and has made unauthorized construction thereon without any sanction from the municipal authority. The petitioner says that he has made several representations to the municipal authority but in vain. Hence, this writ petition.

Having heard learned counsel for the parties, I direct the Secretary, Port Blair Municipal Council, being respondent no.2 herein, to dispose of the representation dated August 28, 2023 made by the petitioner addressed to him and the Chairperson of the municipal Council, Port Blair, in accordance with law and the applicable Rules and Regulations, by passing a reasoned order, within a period of six weeks from the date of communication of this

order, after giving an opportunity of hearing to the petitioner and the private respondent or their authorised representatives. Necessary follow-up action be taken, if required, depending on the order that the respondent no.2 will pass. Since I have not called for affidavits, the allegations in the writ petition are deemed not to be admitted by the respondents. WPA/406/2024 is disposed of accordingly.

( Arijit Banerjee, J. )