Remanded

Palani Gounder v. The District Collector

Madras HC1 Feb 2018WP/2126/2018

Case brief

AI extract

What is this about?

In two writ petitions, the petitioner sought a mandamus directing the Panchayat Union Commissioner to extend a market license for three years based on G.O.Ms.No.92. Dismissing the merits without expression, the Court directed the respondent to consider the representation and pass an order on merits within four weeks after giving the petitioner an opportunity of hearing.

What did the court decide?

Direct the third respondent to consider the petitioner's claim and pass an order on merits within four weeks after giving the petitioner an opportunity of hearing.

Palani Gounder Vs The District Collector — Service and Employment | Madras HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED 01.02.2017

¶3

CORAM

¶4

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU

¶5

W.P.Nos.2126 and 2127 of 2018

¶6

Palanigounder ... Petitioner in
both W.Ps.
Versus
1. The District Collector,
Salem.
2. The Assistant Director (Panchayats),
Salem.
3. The Panchayat Union Commissioner,
Tharamangalam Panchayat Union,
Pappampadi Panchayat,
Omalur Taluk, Salem District.
4. The Special Officer,
Pappampadi Panchayat,
Tharamangalam Panchayat Union,
Omalur Taluk, Salem District. ... Respondents in
both W.Ps.

¶7

PRAYER in W.P.2126/2018: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 3^rd respondent to extend the licence of collecting toll/fees of weekly market (Weekly Santhai) held on every Sundays at Pappampadi Panchayat, Tharamangalam Panchayat Union, Omalur Taluk, Salem District for the further period of 3 years from 01.04.2018 to 31.03.2021 to the petitioner by considering the representation made by the petitioner on 08.01.2018 within the specific period of time fixed by this Court.

¶8

PRAYER in W.P.2127/2018: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 3^rd respondent to extend the licence of collecting toll/fees of daily market, Sheep cutting tank at Pappampadi Panchayat, Tharamangalam Panchayat Union, Omalur

¶9

https://hcservices.ecourts.gov.in/hcservices/

¶10

Taluk, Salem District for the further period of 3 years from 01.04.2018 to 31.03.2021 to the petitioner by considering the representation made by the petitioner on 08.01.2018 within the specific period of time fixed by this Court.

¶11

For Petitioner : Mr.T.Ganesan

¶12

in both W.Ps.

¶13

For Respondents : Mr.R.Govindasamy, in both W.Ps. Special Government Pleader for R1 & R2 Mr.D.Raghu, Government Advocate for R3 Ms.A.Madhumathi,

¶14

Additional Government Pleader for R4

¶15

COMMON ORDER

¶16

In W.P.No.2126 of 2018, the petitioner seeks for a mandamus directing the third respondent to extend the licence of collecting toll/fees of weekly market (Weekly Santhai) held on every Sundays at Pappampadi Panchayat, Tharamangalam Panchayat Union, Omalur Taluk, Salem District for a further period of 3 years from 01.04.2018 to 31.03.2021 to the petitioner by considering his representation dated 08.01.2018 within the specific period of time fixed by this Court.

¶17

In W.P.No.2127 of 2018, the petitioner seeks for a mandamus directing the third respondent to extend the licence of collecting toll/fees of daily market, Sheep cutting tank at Pappampadi Panchayat, Tharamangalam Panchayat Union, Omalur Taluk, Salem District for a further period of 3 years from 01.04.2018 to 31.03.2021 to the petitioner by considering his representation dated 08.01.2018 within the specific period of time fixed by this Court.

¶18

In both these writ petitions, the petitioner, who is one and the same, is seeking for extension of license period based on G.O.Ms.No.92, dated 03.07.2007 issued by the Municipal Administration and Water Supply Department. According to the petitioner, the petitioner is entitled to get one more extension for a period of three years as per the above said Government Order. Ventilating such request, the petitioner made representations on 08.01.2018, seeking for extension of license period and when the said representations have not been considered, the present writ petitions are filed before this Court.

¶19

4.This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the third respondent to consider and pass orders. Therefore, both the writ petitions are disposed of, only with a direction to the third respondent to consider the claim of the petitioner

¶20

https://hcservices.ecourts.gov.in/hcservices/

¶21

and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner. Such exercise shall be done by the third respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

¶22

Sd/-
Deputy Registrar
/true copy/
Sub Asst. Registrar
vri
To
1. The District Collector,
Salem.
2. The Assistant Director (Panchayats),
Salem.
3. The Panchayat Union Commissioner,
Tharamangalam Panchayat Union,
Pappampadi Panchayat,
Omalur Taluk, Salem District.
4. The Special Officer,
Pappampadi Panchayat,
Tharamangalam Panchayat Union,
Omalur Taluk, Salem District.
+ 2 cc to Mr.T.Ganesan Advocate,SR.7626,7624
+ 1 cc to The Govt.Pleader, SR.79991
W.P.Nos.2126 and 2127 of 2018
NR 16/02/2018

¶23

https://hcservices.ecourts.gov.in/hcservices/

Palani Gounder v. The District Collector

Case brief

What is this about?

What did the court decide?

Palani Gounder v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

N.Sekar, Vs Inspector of Police

Shanthi, Vs The Inspector

Udhayam Constructions Vs Principal Secretary/

G.Thilagavathi, Vs The State Government of

P.Ramakrishnan Vs The District Collector

Mr.S.I.Arulraj, Vs The Chairman