Judicial authority allows for the reconsideration of administrative actions when procedural fairness is not upheld.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"(i) to issue a Writ of Certiorari or any other appropriate Writ, Order or Direction, calling for the records leading to the issuance of Exts. P8, P12 and P16 and to quash the same;

(ii) to issue a Writ of Certiorari or any other appropriate Writ, Order or Direction, calling for the records leading to the issuance of Exts. P4 and quash the same to the extent it stipulates a rent of Rs. 54,823/-;

(iii) to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents to re- determine the rent and security deposit payable by the Petitioner strictly in accordance with Ext. P1 Government Circular, Ext. P2 Bye-laws, and Exts. P6 and P7 Government Orders, and to refund to the Petitioner any amounts collected in excess thereof;

(iv) to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents to grant to the Petitioner the full benefits Exts. P6 and P7 Government Orders including rebate proportionate to the period of closure due to COVID-19 and the period during which the Petitioner was forcibly dispossessed by the Respondents;

(v) to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents to grant to the Petitioner the benefits of Ext. P1 circular and P2 bye- laws and to fix the rent at 1/4th rate which is applicable to the scheduled caste community;

(vi) Declare that the action of the respondents in issuing Exts. P8, P12 and P16notices are absolutely illegal, arbitrary, unfair, unreasonable, discriminatory and violative of Articles 14and 21 of the Constitution of India ;

(vii) Declare that the petitioners are entitled to the benefits of Ext. P1 Circular, P2 Bye-laws and well as Exts. P6 and P7 Government Orders;

(viii) It is humbly prayed that this Hon’ble Court may be pleased to dispense with filing of English translation of Vernacular Documents.

(ix) To issue such other writ, order or direction as this Hon’ble Court deem fit and proper in the facts and circumstances of the case."

[SIC]

2. When this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner would be satisfied if a direction is issued to consider Ext.P15 by the 3rd respondent.

3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the respondents.

Considering the facts and circumstances of this case, I think that prayer can be allowed. Therefore, this writ petition is disposed of with the following directions:

i) The 3^rd respondent is directed to consider Ext.P15, and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

ii) Till then, no coercive steps against the petitioner shall be made based on Ext.P16.

Sd/-