A.Kaspar Vs. Dharmapuri Muncipality.

A.Kaspar. vs Dharmapuri Muncipality.

Type Court Judgment Court Chennai Decided Apr 24, 2012

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Citation: sooperkanoon.com/927001
Court: Chennai High Court
Judge: M.Jaichandren, J.
Decided On: Apr 24, 2012
Case Number: Writ Petition No. 30101 of 2011 and M.P.No.1 of 2011
Subject: Constitution

Case Summary

AI-generated summary - not the official court judgment text.

[M.JAICHANDREN, J.] - Constitution Of India - Article 226 - Heard the learned counsel appearing for the petitioner, and the learned counsel appearing for the respondent. Though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the res...

Key legal issue: Constitution
Acts & sections: Constitution Of India - Article 226

Parties & Advocates

Appellant / Petitioner

A.Kaspar.

Advocate Mr.P.Valliappan, Adv.

Respondent

Dharmapuri Muncipality.

Advocate Mr.V.Subbiah, Adv.

Legal References

Acts: Constitution Of India - Article 226

Excerpt

[m.jaichandren, j.] - constitution of india - article 226 - heard the learned counsel appearing for the petitioner, and the learned counsel appearing for the respondent. though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the respondent is directed to dispose of the representation, dated 26.11.2011, on merits and in accordance with law, within a specified period. the petitioner is directed to furnish a copy of the representation, dated 26.11.2011, to the respondent, along with a copy of this order. prayer: petition filed under article 226 of the constitution of india, seeking for a writ of mandamus directing the respondent to take action on the petitioner's representation dated 26.11.2011, by removing the garbage & stagnated water in the market place at mohammad ali club road, dharmapuri within a time frame to be fixed by this hon'ble court and thereby preventing damage to the compound wall of the petitioner's property situate in door no.9/5, mohammad ali club road, dharmapuri.m.jaichandren, j.order1. heard the learned counsel appearing for the petitioner, and the learned counsel appearing for the respondent. 2. though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the respondent is directed to dispose of the representation, dated 26.11.2011, on merits and in accordance with law, within a specified period.3. the learned counsel appearing on behalf of the respondent, has no objection for such an order being passed by this court.4. in view of the submission made by the learned counsels appearing on either side, the respondent is directed to dispose of the representation, dated 26.11.2011, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. the petitioner is directed to furnish a copy of the representation, dated 26.11.2011, to the respondent, 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.5. accordingly, the writ petition is disposed of, with the above directions. no costs. consequently, connected miscellaneous petition is closed.

Full Judgment

Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondent to take action on the petitioner's representation dated 26.11.2011, by removing the garbage & stagnated water in the market place at Mohammad Ali Club Road, Dharmapuri within a time frame to be fixed by this Hon'ble Court and thereby preventing damage to the compound wall of the petitioner's property situate in Door No.9/5, Mohammad Ali Club Road, Dharmapuri.

M.JAICHANDREN, J.

ORDER

1. Heard the learned counsel appearing for the petitioner, and the learned counsel appearing for the respondent.

2. Though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the respondent is directed to dispose of the representation, dated 26.11.2011, on merits and in accordance with law, within a specified period.

3. The learned counsel appearing on behalf of the respondent, has no objection for such an order being passed by this Court.

4. In view of the submission made by the learned counsels appearing on either side, the respondent is directed to dispose of the representation, dated 26.11.2011, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish a copy of the representation, dated 26.11.2011, to the respondent, 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.

5. Accordingly, the writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

Same Court & Year Chennai · 2012 Same Parties A.Kaspar. vs Dharmapuri Muncipality. Same Subject Constitution Same Judge M.Jaichandren, J. Acts & Sections Constitution Of India - Article 226

Constitution