Dindigul District Jananayaga ... vs The District Collector on 9 July, 2018

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Madras High Court

Dindigul District Jananayaga ... vs The District Collector on 9 July, 2018

Bench: M.S.Ramesh

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               
DATED: 09.07.2018  
CORAM   
  THE HONOURABLE MR.JUSTICE M.S.RAMESH           
W.P.(MD)No.5649 of 2018  
and 
W.M.P.(MD)Nos.5540 and 5541 of 2018    

Dindigul District Jananayaga Socialist,
All Public Labourers Welfare Association,
Its Head Office, 401, Maruthuvar Nagar,
Palani,
Represented by its District Secretary,
G.Eswara Rajendran.                                             ... Petitioner
-Vs-
1.The District Collector,
   Dindigul District,
   Dindigul.

2.The Sub-Collector,
   Sub-Collector Office,
   Palani,
   Dindigul District.

3.The Tahsildar,
   Taluk Office,
   Palani Taluk,
   Dindigul District.

4.The Commissioner,  
   Palani Municipality,
   Dindigul District.

5.The Joint Commissioner, 
   Sri Arulmighu Dhandayuthapani Thirukkovil,
   Palani, Dindigul District.                           
...Respondents 

PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of Writ of Mandamus, directing the respondents to consider the
representation dated 22.02.2018 and direct the fourth and fifth respondents
to provide Street Vendors Identity Card to the petitioner Association Street
Vendors and also provide alternative place for doing their business near
Palani Tourist bus stand or around the Giri Veethi, Palani.

!For Petitioner         : Mr.M.R.Sreenivasan 
^For R-1 to R-3 : Mr.J.Gunaseelan Muthiah 
                                                 Additional Government Pleader
                For R-4                 : Mr.G.Arjunan        
                For R-5                 : Mr.K.Govinderajan        

:ORDER

It is the grievance of the petitioner that his representation dated 22.02.2018 to provide Street Vendors Identity Card to the petitioner Association Street Vendors and also provide alternative place for doing their business near Palani Tourist bus stand or around the Giri Veethi, Palani, has not been considered by respondents till date and therefore, he has filed the present writ petition.

2. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non- consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

3. In view of the limited prayer sought for in this writ petition, there shall be a direction to the fifth respondent to consider the petitioner's representation dated 22.02.2018 on its own merits and take further action in accordance with law, after giving due opportunity to each and every member of the Association and hearing their objections, within a period of three months from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

1.The District Collector, Dindigul District, Dindigul.

2.The Sub-Collector, Sub-Collector Office, Palani, Dindigul District.

3.The Tahsildar, Taluk Office, Palani Taluk, Dindigul District.

4.The Commissioner, Palani Municipality, Dindigul District.

5.The Joint Commissioner, Sri Arulmighu Dhandayuthapani Thirukkovil, Palani, Dindigul District..

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