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M.Sumathi. Vs. the Superintending Engineer

M.Sumathi vs The Superintending Engineer

Type Court Judgment Court Chennai Decided Jul 04, 2012
~2 min read
https://sooperkanoon.com/case/928602

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
Writ Petition No.16908 of 2012 and M.P.No.1 of 2012
Subject
Constitution

Case Summary

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

Constitution

Key legal issue
Constitution
Acts & sections
Constitution of India - Articles 226

Parties & Advocates

Appellant / Petitioner

M.Sumathi

Advocate Mr.M.Venkadeshan , Adv

Respondent

The Superintending Engineer

Advocate Ms.V.M.Velumani, Adv.

Legal References

Acts
Constitution of India - Articles 226

Excerpt

writ petition is filed under article 226 of the constitution of india praying to issue a writ of mandamus, directing the first respondent to renew the lease in favour of the petitioner in respect of vacant site situate to the left of vettaikkaran pudhur kalvai, azhiyar nagar, pollachi taluk, coimbatore district measuring an extent of 190 square feet.order1. this writ petition is filed praying to issue a writ of mandamus, directing the first respondent to renew the lease in favour of the petitioner in respect of vacant site situate to the left of vettaikkaran pudhur kalvai, azhiyar nagar, pollachi taluk, coimbatore district measuring an extent of 190 square feet.2. ms.v.m.velumani, learned special government pleader takes notice for the respondents. by consent, the writ petition is taken up for disposal.3. though the writ petition has been filed for larger relief, to direct the first respondent to renew the lease/licence in favour of the petitioner in respect of the above property, now the learned counsel for the petitioner states that the grievance of the petitioner will be met if a direction is issued to the first respondent to consider the representation dated 5.6.2012 on its own merits and in accordance with law.4. at this point of time, it will be useful to refer to the objection raised by the learned special government pleader that the g.o.ms.no.92 municipal administration and water supply department dated 3.7.2009 will not be applicable to the lease/licence in question. the said objection is recorded. it is open to the authority to consider the same as well at the time of disposing the representation of the petitioner. the authority shall dispose the representation expeditiously, preferably, within a period of four weeks from the date of receipt of a copy of this order.5. this writ petition is disposed of as above. no costs. consequently, connected miscellaneous petition is closed.

Full Judgment

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to renew the lease in favour of the petitioner in respect of vacant site situate to the left of Vettaikkaran Pudhur Kalvai, Azhiyar Nagar, Pollachi Taluk, Coimbatore District measuring an extent of 190 square feet.

ORDER

1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to renew the lease in favour of the petitioner in respect of vacant site situate to the left of Vettaikkaran Pudhur Kalvai, Azhiyar Nagar, Pollachi Taluk, Coimbatore District measuring an extent of 190 square feet.

2. Ms.V.M.Velumani, learned Special Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for disposal.

3. Though the writ petition has been filed for larger relief, to direct the first respondent to renew the lease/licence in favour of the petitioner in respect of the above property, now the learned counsel for the petitioner states that the grievance of the petitioner will be met if a direction is issued to the first respondent to consider the representation dated 5.6.2012 on its own merits and in accordance with law.

4. At this point of time, it will be useful to refer to the objection raised by the learned Special Government Pleader that the G.O.Ms.No.92 Municipal Administration and Water Supply Department dated 3.7.2009 will not be applicable to the lease/licence in question. The said objection is recorded. It is open to the authority to consider the same as well at the time of disposing the representation of the petitioner. The authority shall dispose the representation expeditiously, preferably, within a period of four weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.

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