P.Lakshmanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2021 CORAM :

The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.12257 of 2021 P.Lakshmanan ..

Petitioner Vs.

1. The District Collector Collector Office Erode 638 011.

2. The Commissioner Erode City Municipal Corporation Erode 638 011.

3. M.Indhirani ..

Respondent Petition filed under Article 226 of the Constitution of India seeking for a Writ of Mandamus directing the respondents 1 and 2 to stop the function of the third respondent cattle market situated at Pallipalayam Road, Ambika Saw Mill back side, Karungalpalayam, Erode, permanently based on the petitioner's representation dated 15.06.2020 in accordance with law. For Petitioner :

Mr.N.Chinnaraj For Respondents :

Mr.Muthukumar Counsel for State for respondents 1 and 2

ORDER

(Made by SENTHILKUMAR RAMAMOORTHY, J.) The petitioner complains of the operation of a cattle market near Karungalpalayam in Erode District.

2. The petitioner alleges that the third respondent herein is running a private cattle market behind Ambika Saw Mill, near Karungalpalayam. As a consequence, thousands of sheep, cows and buffaloes are brought to the said market by traders. In spite of the fact that the licence permits the third respondent to operate only on one day in a week, the market is being operated from Tuesday evening to Thursday night.

3. The petitioner further states that the said market is in a congested urban area and does not have parking facilities. Consequently, it is causing traffic snarls and affecting the functioning of various religious structures and a crematorium located in the vicinity. The petitioner states that a representation was submitted in this connection on 15.06.2020, but no action has been taken thereon.

4. Mr.Muthukumar, learned counsel for the Government, accepts notice on behalf of both the respondents and submits that the second respondent would consider and dispose of the representation of the petitioner within a reasonable time-frame.

5. Accordingly, without going into the merits of the matter, the second respondent is directed to consider the representation dated 15.06.2020 and dispose of the same by a reasoned order, after providing a reasonable opportunity to both the petitioner and the third respondent, within a period of eight weeks from the date of receipt of a copy of this order.

6. As the second respondent has been directed to hear the third respondent before passing orders, the writ petition is disposed of without notice to the third respondent. W.P.No.12257 of 2021 is disposed of on the above terms, without any order as to costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar tar

To

1. The District Collector Collector Office Erode 638 011.

2. The Commissioner Erode City Municipal Corporation Erode 638 011.

+ 1 cc to Mr. Government Pleader Sr.27539 W.P.No.12257 of 2021 VBM(CO) EU 8.6.2021