N.Ameerjan v. The Collector Of Villupuram District

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.04.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.Ameerjan, S/o. Noor Mohamed, No. 1/71, Sethupet Salai, Avaturpettai Village Meimalayanur Taluk, ... Petitioner /versus/

1. The Collector of Villupuram District, Collectorate Office, Villupuram.

2. The Revenue Divisional Officer, Villupuram,

3. The Revenue Tahsildar, Meimalayanur Taluk Office, Meimalayanur Taiuk,

4. The Biock Development Officer, Meimalayanur Panchayat Union, Meimalayanur,

5. The Assistant Divisional Engineer, 1/5

National Highways Department, Keezhpennathur, Tiruvannamalai District.

6. The President, Avaiurpettai Panchayat Union Avalurpettai, ... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd Respondent to permit the petitioner to carry on his Footwear (sandal/slipper) business as per the order dated 12.02.2025 made in Na. Ka.No.Al/208/2025 of the 3rd Respondent by erecting a Tin Shop in Government Battai Poromboke land measuring 0.005 Ares, comprised in Survey No.35/6 at Avalurpettai Village, Melmalayanur Taluk, Villupuram District forthwith and for getting electricity connection for the Petitioner's shop. For Petitioner :Mr.T.Dhanasekaran.

For Respondents :Dr.S.Suriya, Additional Government Pleader, for R1 to R3 : Mr.Murali, Government Advocate, for R4 & R6

O R D E R

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The petitioner claims to be a differently abled person. The petitioner only is selling the footwear in a wheeled structure even though he has put up a shop like steel structure at a particular place along the road margin.

2. It is stated that the petitioner further applied for granting NOC for the purpose of electricity connection. As a matter of fact, though the petitioner has put up a shop like structure, still it is on wheels only. Therefore, the petitioner can very well have a Solar powered light or a chargeable lamp for his purpose. Road margins can never be permitted to be encroached with permanent structures.

3. The petitioner is only a vendor occupying the road margin and his prayer for grant of NOC for grant of electricity connection etc. cannot be countenanced. Hence, the writ petition is disposed of. There shall be no order as to costs.

09.04.2025 bsm To,

1. The Collector of Villupuram District, 3/5

Collectorate Office, Villupuram.

2. The Revenue Divisional Officer, Villupuram,

3. The Revenue Tahsildar, Meimalayanur Taluk Office, Meimalayanur Taiuk, Villupuram District.

4. The Biock Development Officer, Meimalayanur Panchayat Union, Meimalayanur, Meimalayanur Taluk,

5. The Assistant Divisional Engineer, National Highways Department, Keezhpennathur, Tiruvannamalai District.

6. The President, Avaiurpettai Panchayat Union Avalurpettai,

7. The Government Pleader, High Court, Madras. 4/5

D.BHARATHA CHAKRAVARTHY,J.

bsm 09.04.2025 5/5