M.Pathamraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.M.Pathamraj 2.E.Valayapathy 3.A.Krishnamurthi 4.K.Kishore 5.B.Vijayakumar : Petitioners Vs 1.The District Collector Kancheepuram District.

2.The Superintendent of Police Kancheepuram District.

3.The Divisional Engineer Highways Department Kancheepuram District.

4.The Commissioner Kancheepuram Corporation Kancheepuram : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 4 to remove the illegal encroachment at Sengazhuneer Odai Street (North Raja Street) and Jawharlal Street (Kamalar Street) in any manner of business including fruit and vegetable vendors grocery shops and in the light of Orders dated 24.01.2012 in W.P. No.1438 of 2012 and 6.2.2015 in WP No.33154 of 2023

as a measures of implementation permanently.

For Petitioner :

Mr.B.Srinivas For Respondents 1 to 3 :

Mr.C.Kathiravan, Special Government Pleader For Respondent No.4 :

Mr.P.Muthukumar, Additional Advocate-General assisted by Mr.R.Gopinath

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.B.Srinivasan, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader, for respondents 1 to 3 and Mr.P.Muthukumar, learned Additional Advocate-General, appearing for the fourth respondent. 2.

Mr.P.Muthukumar, learned Additional Advocate-General, representing the Commissioner, Kanchipuram City Municipal Corporation, on the basis of the affidavit filed by the fourth respondent, makes a statement that within three months, the vegetable vendors would be relocated to a new place and the present place where the vegetable vendors are carrying on their business

would be completely cleared.

3. The said statement is accepted.

4. In view of the said statement, the writ petition is disposed of. There shall be no order as to costs. Consequently, WMP No.14558 of 2023 is closed.

5. WMP No.14557 of 2023 filed to permit the petitioners to file a single writ petition is allowed and disposed of. (S.V.G., CJ.) (D.B.C., J.) 31.01.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Kancheepuram District. 2.The Superintendent of Police, Kancheepuram District. 3.The Divisional Engineer Highways Department, Kancheepuram District.

4.The Commissioner Kancheepuram Corporation, Kancheepuram

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 31.01.2024