1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2011 CORAM: THE HONOURABLE Mr.JUSTICE K.CHANDRU W.P.(MD)No.1305 of 2011 R.Manivannan ... Petitioner Vs. The Executive Officer, Kanyakumari Special Grade Township, Kanyakumari & Post, Kanyakumari District. ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent herein to consider and pass orders for extension of time for collecting Motor Vehicle entry fee or for refund of amount for the non collection of parking fee on the basis of the representation dated 18.01.2011 and the legal notice dated 20.01.2011 within a time that may be fixed by this Court. For Petitioner : Ms.J.Balameenakshi For Respondents : Mr.T.S.Md.Mohideen, Additional Government Pleader O R D E R The petitioner who was given the licence for collecting motor vehicle entry fee pursuant to the auction held by the Town Panchayat has filed the present Writ petition. 2.The prayer in the Writ petition is for a direction to the respondent to consider and pass orders for extending the time for collecting the motor vehicle entry fee or for refund of the amount for the non-collection of parking fee on the basis of the representation dated 18.01.2011 and the legal notice dated 20.01.2011. 3.When the matter came up on 03.02.2011, notice of motion was ordered. On notice from this Court, the respondent has filed a counter affidavit dated 19.03.2011. They have also filed a copy of the FIR in which a criminal case was registered against the petitioner in Crime No.7 of 2011 dated 11.01.2011 on a compliant given by the Executive Officer. 4.In any event, insofar as the contention that the respondent has threatened to terminate the licence was denied in the counter affidavit. A reference was also made to the FIR lodged against the petitioner. It was stated as a counter-blast to the complaint, the present Writ petition came to be filed. With reference to the stoppage of collection for several days in paragraph No.6 of the counter affidavit it was averred as follows: https://hcservices.ecourts.gov.in/hcservices/ 2 "6. ..... I most respectfully submit that the petitioner did not stop the collection at any point of time during his eligible period i.e. from 16.11.2010 to 31.01.2011. Even during the period of pendency of criminal case also the petitioner was regularly collecting the fees through his men without any break or any intervention. Hence, the petitioner is not at all entitled for any relief as sought for in this case." 5.In the light of the stand taken by the respondent, there is no case made out. Hence, the Writ petition stands dismissed. No costs. Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar (C.S) To The Executive Officer, Kanyakumari Special Grade Township, Kanyakumari & Post, Kanyakumari District. + 1 cc to M/s.J.BalaMeenakshi, Advocate, SR No.37950 W.P.(MD)No.1305 of 2011 02.11.2011 nbj RJ/16.11.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/