Madras High Court
K.M.Rahamathulla vs The Junior Engineer on 19 September, 2016
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :: 19.9.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P.No.32569 of 2016
K.M.Rahamathulla ... petitioner
versus
1 The Junior Engineer
Construction and Maintenance Highways
Department Pollachi Coimbatore District
2 Madan Kumar ... respondents
Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Mandamus directing the 1st respondent to consider the representation dated 06.09.2016 sent by the petitioner and to cancel the license issued in favour of the 2nd respondent within a stipulated time fixed by this Honourable Court.
For petitioner ... Mr.C.Veeraraghavan
For respondents ... Mr.R.A.S.Senthilvel, A.G.P.
O R D E R
The petitioner is aggrieved by the location of a shop, which is in the nature of a bunk shop, by the second respondent for the purpose of selling Aavin products. The petitioner has given a representation on 6.9.2016, objecting to the location of the shop stating that it affects his ingress and egress to the property as well as the bore well, which has been erected by the petitioner in his land. Further, it is submitted that taking advantage of the fact that the petitioner is residing elsewhere, action is being taken by the second respondent to start business and work is being carried on now. T.S.SIVAGNANAM, J.
(tar)
2. In the light of the above, there will be a direction to the first respondent to consider the petitioner's representation by conducting enquiry, after notice to the parties and pass orders within a period of three days from the date of receipt of a copy of this order.
3. The Writ Petition is disposed of accordingly. No costs. Consequently, W.M.P.No.28221 of 2016 is closed.
19.9.2016 Index: Yes/no tar Office to note:-
Issue order copy today.
To
1. The Junior Engineer Construction and Maintenance Highways Department Pollachi Coimbatore District W.P.No.32569 of 2016