Single bench order directing the Commissioner of Madurai Corporation to consider a petitioner's representation regarding an unauthorized bore-well on his property and to pass appropriate orders.
Directed the first respondent to consider the petitioner's representation on merits, pass appropriate orders after notice, and take action within six weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.07.2015
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.(MD)No.7476 of 2015 and M.P.(MD)No.1 of 2015
R.Mohamed Rajapdheen ... Petitioner
Vs.
1.The Commissioner, Madurai Corporation, Anna Building, Near Tallakulam, Madurai-625 002.
2.The City Engineer, Madurai Corporation, Anna Maligai, Madurai-2.
3.The Assistant Commissioner, Madurai Corporation, East Zone, Munichalai Road, Madurai-625 009. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 13.02.2015 and consequently remove the bore-well situated in the petitioner's patta land in Town Survey No.241 of Door No.1, Sungampallivasal Street, Madurai City with the payment of compensation a sum of Rs.5,00,000/- to the petitioner.
For Petitioner : Mr.R.Mohamed Rajapdeen, Party-in-Person
For Respondents : Mr.R.Murali
ORDER
This writ petition has been filed for a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 13.02.2015 and consequently remove the bore-well situated in the petitioner's patta land in Town Survey No.241 of Door No.1, Sungampallivasal Street, Madurai City and pay a compensation of Rs.5,00,000/- to the petitioner.
2.For removal of bore-well which was erected in the petitioner's patta land in question, without any consent obtained from the
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petitioner, the petitioner made a representation dated 13.02.2015 to the respondents and the same is kept pending without any consideration. Hence this writ petition.
3.Heard the petitioner who appeared in person before this Court and also the learned Standing Counsel for Madurai Corporation, who took notice on behalf of the respondents.
4.Considering the facts and circumstances of the case, the writ petition is disposed of directing the first respondent to consider the representation of the petitioner dated 13.02.2015 on merits and in accordance with law, and pass appropriate orders, after giving opportunity to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (RTI)
/True Copy/
Sub Assistant Registrar
To
+1cc to Mr.R.Murali, Advocate Sr.No.38137
KM
akm/14.07.15 /2p-6c/
W.P.(MD)No.7476 of 2015 and M.P.(MD)No.1 of 2015 10.07.2015
1 issue framed by the court
Whether the respondents are obligated to consider the petitioner's representation dated 13.02.2015 regarding the removal of a bore-well on his patta land.
1 provisions across 1 enactments
R. Mohamed Rajapdheen
Commissioner, Madurai Corporation
City Engineer, Madurai Corporation
Assistant Commissioner, Madurai Corporation
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
