Calcutta High CourtWPA/764/2023disposed

Smt. A.Deivanai v. The Chief Secretary And ANR.

2023-07-25Hon'Ble Justice Tapabrata Chakraborty2 pages

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/764/2023 Shri. A Deivanai Vs.

The Chief Secretary and another Mr. K.M.B Jayapal ... for the petitioner Mr. Satadru Chakraborty ... for the respondents July 25, 2023 (SR) Item No.3 The present writ petition has been preferred challenging, inter alia, the inaction on the part of the respondents to consider the representation submitted by the petitioner on 7th March, 2023.

Mr.Jayapal, learned advocate appearing for the petitioner submits that the petitioner initially approached this Court by filing a writ petition, being WPA/495/2022 praying for consideration of the petitioner's claim on the basis of the resolution adopted by the Port Blair Municipal Council. The said writ petition was disposed of by an order dated 13th December, 2022. Aggrieved by the said order, the petitioner preferred an appeal, being MAT/10/2023, which was also disposed of by an order dated 17th February, 2023 observing, inter alia, that the Port Blair Municipal Council would be at liberty to consider the petitioner's application on merit. As no decision was taken by the respondents, the petitioner submitted a further representation to the Port Blair Municipal Council authorities on 7th March, 2023.

In course of hearing, Mr. Chakraborty, learned advocate appearing for the Port Blair Municipal Council submits that the petitioner's representation dated 7th March, 2023 has already been considered and disposed of by the Secretary, Municipal Council by an order dated 24th July, 2023. Let a copy of the same, as placed, be kept on record. A copy of the said order has also been handed over to Mr. Jayapal, learned advocate, in Court, today.

Since the petitioner's representation has already been disposed of by the Secretary, Municipal Council, no further order is required to be passed in the present writ petition and the same is, accordingly, disposed of.

Needless to observe the petitioner would be at liberty to challenge the order dated 24th July, 2023 passed by the Secretary, Municipal Council before the appropriate forum, if so advised and in accordance with law.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

( Tapabrata Chakraborty, J.)