1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD) No.13744 of 2011 and M.P.(MD)No.1 of 2011 Marimuthu Moopanar ... Petitioner Vs. 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Divisional Manager, Bank of India, Oppanakara Street, Coimbatore, Coimbatore District. 3.The Branch Manager, Bank of India, Nalli Branch, Nalli Village, Sattur Taluk, Virudhunagar District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the 2nd respondent to consider the petitioner's representation dated 20.04.2011, seeking not to shift the present location of Bank of India Branch in Nalli Village, Sattur Taluk, Virudhunagar District. For petitioner .. Mr.M.Muniasamy For 1st respondent .. Mr.K.Mahendran, Special Government Pleader ORDER (Order of the Court was made by K.N.BASHA, J.) The petitioner has come forward with this petition, seeking for the relief of direction to the second respondent to consider his representation, dated 20.04.2011, seeking not to shift the present location of Bank of India Branch, situated at Nalli Village, Sattur Taluk, Virudhunagar District. 2.Mr.K.Mahendran, learned Special Government Pleader takes notice for the first respondent. 3.By mutual consent of the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the first respondent, the writ petition itself is taken up for final disposal, at the stage of admission itself. In view of the order proposed to be passed by us protecting the interest of the respondents 2 & 3, we are of the view that notice to the respondents 2 & 3 is not necessary, at this stage. 4.The learned counsel for the petitioner would submit that the third respondent/Bank, which is functioning at Nalli Village from the year 1990, is decided to shift to some other place and it would be great hardship to the people of Nalli and other nearby villages, if the same https://hcservices.ecourts.gov.in/hcservices/ 2 shifted to some other place and as such, the petitioner, along with the other villagers, preferred a representation, dated 20.04.2011, to the respondents and inspite of the same, no action has been taken by the respondents and as such, the petitioner has been constrained to approach this Court with the present writ petition with the aforesaid prayer. It is further submitted that though the petitioner has come forward with the larger prayer, the petitioner would be satisfied, if a direction is given to the first respondent to consider his representation dated 20.04.2011. 5.Heard the learned Special Government Pleader appearing for the first respondent, on the submission made by the learned counsel for the petitioner. 6.We have given our careful and anxious consideration to the rival contentions put forward by either side and also perused the materials available on record. 7.Considering the limited prayer made by the learned counsel for the petitioner, this Court, without going into the merits of the representation of the petitioner, dated 20.04.2011 and without expressing any view in respect of such representation, constrained to direct the first respondent to consider the representation of the petitioner, dated 20.04.2011, by affording opportunity to the petitioner as well as to the respondents 2 & 3 by sending notice and giving them opportunity to put forth their case and thereafter, to dispose of the same, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner shall also furnish a fresh copy of the representation, dated 20.04.2011, to the first respondent along with the order copy of this Court, within a period of ten days from the date of receipt of a copy of this order. 8.The writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District,Virudhunagar. 2.The Divisional Manager, Bank of India,Oppanakara Street,Coimbatore, Coimbatore District. 3.The Branch Manager, Bank of India,Nalli Branch, Nalli Village,Sattur Taluk, Virudhunagar District. Gcg GH : 13.12.2011 : 2p/4c Order in W.P.(MD)No.13744 of 2011 01.12.2011 https://hcservices.ecourts.gov.in/hcservices/