BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/10/2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition (MD) No.9885 of 2010 and M.P.(MD) No. 1 of 2010 K.Rengaraj .. Petitioner versus 1.The Commissioner, Madurai City Municipal Corporation, Arignar Anna Maligai, Tallakulam, Madurai - 2. 2.Pandiammal 3.Balasankari .. Respondents Prayer Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to allot a shop at the newly constructed temporary Central Market at Mattuthavani on par with other shop owners who had been allotted with a shop in the said market, by canceling the illegal name transfer made in favour of the second and third respondents in respect of shop No.122 at Pasumponmuthuramalinga Daily Market, by considering the representation of the petitioner dated 04.06.2010. !For petitioner ... M/s.K.K.Senthil ^For respondent 1 ... Mr.M.Ravishankar :ORDER
Heard Mr.K.K.Senthil, the learned counsel appearing on behalf of the
petitioner, as well as Mr.M.Ravishankar, the learned counsel appearing on behalf
of the first respondent.
2. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the petitioner had submitted that it would suffice, if
the representation of the petitioner, dated 04.06.2010, is directed to be
disposed of, on merits and in accordance with law, within a specified period.
3. The learned counsel appearing on behalf of the first respondent, has no
objection for such an order being passed by this Court.
4. In view of the averments made in the affidavit filed in support of this
petition and in view of the submissions made by the learned counsel appearing on
behalf of the petitioner, the first respondent is directed to consider and
dispose of the petitioner’s representation, dated 04.06.2010, on merits and in
accordance with law, after giving an opportunity of hearing to the petitioner,
as well as to the other persons concerned, within a period of four weeks from
the date of receipt of a copy of this order. The petitioner is directed to
submit a copy of the representation, dated 04.06.2010, along with a copy of this
order, to the first respondent. However, it is made clear, that this Court, by
this order, has not expressed any opinion on the merits of the matter.
5. The writ petition stands disposed of, with the above directions. No
costs. Consequently, connected miscellaneous petition is closed.
srm
To
The Commissioner,
Madurai City Municipal Corporation,
Arignar Anna Maligai,
Tallakulam,
Madurai – 2.