Kancheepuram Rajaji Market v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.8644 of 2020 and WMP No.10465 of 2020 Kancheepuram Rajaji Market All Merchants Association, Rep. By its Secretary, G.Murali, No.23, Rajaji Market, Kancheepuram.

...Petitioner

Vs 1.The District Collector, Kancheepuram.

2.The Commissioner, Kancheepuram Municipality, Kancheepuram.

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to forbear the second respondent from demolishing the Rajaji Market without complying with the orders of the Court made in W.P.No.26124 of 2004 dated 14.09.2004.

For Petitioner : Mr.M.Sriram For Respondents : Mr.R.Govindasamy Special Government Pleader, for R1 Mr.V.Jayaprakash Narayanan Government Pleader, for R2

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. This writ petition is filed seeking for a mandamus to forbear the second respondent from demolishing the Rajaji Market without complying with the orders of this Court made in W.P.No.26124 of 2004 dated 14.09.2004.

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3. It is stated that the members of the petitionerAssociation are doing business in the said Rajaji Market and therefore, without hearing them and considering their objections, the said Rajaji Market should not be demolished.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the second respondent to consider and decide the grievance made by the petitioner. It is seen that the petitioner has made a representation on 15.04.2020 before the second respondent.

5. The learned Government Pleader for the second respondent, based on instructions, submitted that the representation made by the petitioner will be considered and appropriate orders will be passed on merits and in accordance with law.

6. Thus, without expressing any view on the merits of the matter, this Writ Petition is disposed of, only with a direction to the second respondent to consider the representation of the petitioner dated 15.04.2020 and pass orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar vri/mk To 1.The District Collector, Kancheepuram.

2.The Commissioner, Kancheepuram Municipality, Kancheepuram.

+1cc to Government Pleader SR.No.29702 W.P.No.8644 of 2020 KK(CO) GMY(23/09/2020) https://hcservices.ecourts.gov.in/hcservices/