HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
W.P. No.40544 of 2018
O R D E R:-
This writ petition is filed for the following substantive relief:
".....to issue a writ of mandamus declaring the action of the respondents in not
considering the representation of the petitioner dated 06.09.2018, as illegal and arbitrary and violative of principle of natural justice and consequently direct the respondents to consider the petitioner's representation dated 06.09.2018."
Though Sri Mohammed Ismail, learned counsel for the petitioner, made several allegations against the respondents during the course of hearing, he requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the representation submitted by the petitioner on 06.09.2018.
The learned Government Pleader for Municipal Administration appearing for respondents 1 and 3 readily agreed to dispose of the representation of the petitioner dated 06.09.2018, if any, pending with the respondent authorities.
In view of the submission of the learned Government Pleader for Municipal Administration, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction can be issued in view of the judgment of the Apex Court in the case of The Government of India v. P.Venkatesh1, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representations dated 06.09.2018 submitted by the petitioner, I find no other alternative except to issue such direction.
1
2019 (8) SCALE 544
2 MSM,J
WP_40544_2018
In the result, the writ petition is disposed of directing the respondents to dispose of the representation submitted by the petitioner on 06.09.2018, in accordance with law, within a period of one month from today. No order as to costs.
As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
__________________________ M. SATYANARAYANA MURTHY, J 18.02.2021 bcj