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2011 Supreme(Mad) 985

High Court of Judicature at Madras
M. JAICHANDREN, J.
C. Sundararasu
Versus
The Secretary, Department of Environment & Forest, Chennai & Another
Writ Petition No.11437 of 2006
Decided on : 25-02-2011

Advocates Appeared:
For the Petitioner:V. Subramanian, Advocate.
For the Respondents:P. Sathish, Government Advocate (F).

The court has the authority to direct the disposal of representations on merits and in accordance with the law within a specified period.

Headnote:

Representation - Disposal of representation - The court directed the second respondent to dispose of the representation dated 03.04.2006 on merits and in accordance with the law within a specified period.

Fact of the Case:

The petitioner requested the court to direct the second respondent to dispose of the representation dated 03.04.2006 on merits within a specified period.

Finding of the Court:

The court directed the second respondent to dispose of the representation on merits and in accordance with the law within 12 weeks from the date of receipt of the court's order.

Issues: The main issue was the disposal of the representation dated 03.04.2006 by the second respondent.

Ratio Decidendi: The court emphasized the need for the second respondent to dispose of the representation on merits and in accordance with the law, while also providing an opportunity of hearing to the petitioner.

Final Decision: The writ petition was disposed of accordingly, with no costs imposed.

JUDGMENT :

1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the second respondent is directed to dispose of the representation, dated 03.04.2006, on merits, within a specified period.

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

4. In view of the submissions made by the learned counsels appearing on either side, the second respondent is directed to dispose of the representation, dated 03.04.2006, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, if it had not been disposed of till date, within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish a copy of the representation dated 03.04.2006, to the second 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.

The writ petition is disposed of accordingly. No costs.


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