By consent, the writ petition is taken up for final disposal. Ms.Bhuvaneswari, learned Standing Counsel accepts notice on behalf of the respondents.
2. The petitioner, on an earlier occasion in W.P.No.29631/2012 prays for issuance of Writ of Certiorari to call for the records relating to the order dated 30.10.2012 in Na.Ka.No.K1/1241/05 passed by the 1st respondent in respect of the petitioner's shop situated Central Platform in Salem New Bus Stand and vide order dated 11.03.2013, the writ petition was allowed and it was remanded to the 1st respondent herein to pass orders afresh after giving due notice to the petitioner and after hearing the petitioner.
3. Learned counsel for the petitioner has drawn the attention of this Court to the impugned notice dated 24.11.2016 and submitted that though W.P.No.29631/2012 came to be disposed of on 11.03.2013 remanding the matter to the first respondent for fresh adjudication, it has been stated that the writ petition is still pending and therefore, the name transfer request made by the petitioner cannot be considered and also returned three demand drafts and hence, he prays for interference.
4. Learned Standing counsel appearing for the respondents would submit that as a matter of right, the petitioner cannot ask for change of name and seeks time to get instructions.
5. This Court has considered the rival submissions and also perused the materials placed before this Court.
6. As rightly contended by the learned counsel for the petitioner W.P.No.29631/2012 was allowed on 11.03.2013 with a direction, directing the 1st respondent herein to pass orders afresh after due notice to the petitioner and hearing the petitioner, however, the first respondent has misconstrued the order and chosen to observe as if the writ petition is pending. In the considered opinion of the Court, the said reason is per se unsustainable as it is contrary to the fact and therefore, warrants interference.
7. In the result, the writ petition is partly allowed and the impug\ned order of the 2nd respondent dated 24.11.2016 is set aside and the matter is remanded back to the first respondent and it is open to the petitioner to M.SATHYANARAYANAN,J., vsi submit a joined representation along with Tmt.S.Poongodi, petitioner in W.P.No.29631/2012 for change of allotment/name to the first respondent within a period of two weeks from the date of copy of this order and upon receipt of the same, the first respondent is directed to consider the said representation on merits and in accordance with law and pass orders within a further period of four weeks thereafter and communicate the decision taken to the petitioner as well as Tmt.S.Poongodi. No costs.
24.02.2017 Index : Yes / No Internet : Yes / No vsi To
1. The Commissioner, Salem Municipal Corporation, Fort, Salem
2. The Assistant Commissioner, Salem Municipal Corporation, Office at Suramangalam Ward, Salem W.P.No.4733 of 2017 http://www.judis.nic.in