IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 28.01.2010 CORAM THE HONOURABLE MR. JUSTICE M.JAICHANDREN W.P. NO.26391 OF 2009 V.R.Swaminathan .. Petitioner Versus 1.The Executive Officer, 15, Velampalayam Municipality, Anupparpalayam, Tiruppur 641 652, Tiruppur District. 2.The President, Kariya Kaliamman Temple, Main Road, 15, Velampalayam, Tiruppur 641 652. .. Respondents PRAYER IN W.P.NO.26391 OF 2009: Writ petition has been filed under Article 226 of The Constitution of India to issue a Writ of Mandamus directing the first respondent to take action against the second respondent to remove the encroachments made by the second respondent on the streets running on the Eastern and on the Western sides of the temple premises by removing the bunk shop and the septic tank put up by the temple within the limits of 15, Velampalayam Municipality, Tiruppur District. For Petitioner : Mr.P.K.Rajagopal For Respondents : Mrs.Malarvizhi Udhayakumarm Special Govt. Pleader, (for R1) Mr.Sai Krishnan, (for R2) * * * * * O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
2. This writ petition has been filed praying for a writ of Mandamus to direct the first respondent to take action against the second respondent, who is running a hosiery goods manufacturing factory in the premises of the second respondent temple, without obtaining the necessary licence, as per law.
3. Though the prayer sought for by the petitioner, in the present writ petition, is for a larger relief, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the representation of the petitioner, dated 7.9.2009, is directed to be disposed of by the first respondent, on merits and in accordance with law, within a specified period.
4. The learned counsel appearing on behalf of the first and the second respondents, has no objection for such an order being passed by this Court.
5. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the first respondent is directed to dispose of the representation, dated 7.9.2009, after giving an opportunity of hearing to the petitioner, as well as to the second respondent, within a period of twelve weeks from the date of receipt of a copy of this order.
6. The petitioner is directed to furnish to the first respondent a copy of the representation, dated 7.9.2009, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.
7. Accordingly, these writ petitions are disposed of, with the above directions. No costs.
28.01.2010
Index : Yes
Internet : Yes
vs
Note:Issue order copy on 1.2.2010.
M.JAICHANDREN, J.
vs
To
1.The Executive Officer,
15, Velampalayam Municipality,
Anupparpalayam,
Tiruppur 641 652,
Tiruppur District.
2.The President,
Kariya Kaliamman Temple,
Main Road, 15, Velampalayam,
Tiruppur 641 652.
W.P. Nos.26391 OF 2009
28.01.2010