BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25/11/2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P(MD)No.11194 Of 2009 N.S.Subramanian ..Petitioner vs. Palani Municipality, rerpesented by its Commissioner, Palani, Dindigul District. ..Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the respondent to consider the petitioner's representation, dated 22.08.2008, in accordance with law, pursuant to the Resolution No.528, passed on 09.09.1970. !For Petitioner ... Mr.G.R.Swaminathan ^For Respondent ... Mr.P.Srinivas :ORDER
This Writ Petition has been filed for the issuance of a Writ of Mandamus
to direct the respondent to consider the petitioner’s representation, dated
22.08.2008, in accordance with law, pursuant to the Resolution No.528, passed on
09.09.1970.
2. Heard Mr.P.Srinivas, the learned counsel appearing on behalf of the
respondent. With the consent of both parties, the writ Petition is taken up for
final disposal.
3. In view of the Resolution passed by the respondent/Palani Municipality,
dated 09.09.1970, the learned counsel appearing on behalf of the petitioner had
submitted that it would suffice, if the petitioner is permitted to make a
representation to the respondent, for the allotment of an alternative site, as
prayed for in the present Writ Petition and if the respondent is
directed to dispose of the said representation of the petitioner, on merits and
in accordance with law, within a specified period fixed by this Court.
4. Mr.P.Srinivas, the learned counsel appearing on behalf of the
respondent, did not have any objection for such an order being passed by this
Court.
5. In view of the submissions made by the learned counsels appearing on
either side, without going into the merits of the case, the petitioner is
permitted to submit a representation, as prayed for by him, within a period
of ten days from today, enclosing a copy of the Resolution of the
respondent/Palani Municipality, dated 09.09.1970, to the respondent and on
receipt of such a representation, the respondent is directed to dispose of the
same, on merits and in accordance with law, within a period of 12 weeks
thereafter, after giving an opportunity of the hearing to the petitioner, as
well as to the other parties concerned.
6. With the above directions, the Writ Petition is disposed of. No costs.
vsn
To
The Commissioner,
Palani Municipality,
Palani,
Dindigul District.