Madras High CourtWP/24268/2018disposed of

V.Ayyanar, v. The District Collector

2018-09-25Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.

24268 of 2018 and W.M.P. 28290 of 2018 V.Ayyanar ... Petitioner Vs

1. The District Collector, Villupuram District, Villupuram.

2. The Sub-Collector, District Collectorate, Villupuram District, Villupuram.

3. Thirukovilur Town Panchayat, rep. by its Executive Officer, Thirukovilur, Villupuram District.

4. The Inspector of Police, Thirukovilur Police Station, Thirukovilur, Villupuram Dt.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to allow the petitioner to relocate his fruit shop near the Katta Gopuram of the Ulagalantha Perumal Kovil, Thirukovilur Taluk, Villupuram District or provide an alternate place for putting up the fruit stall, as claimed in the representation of the petitioner dated 03.08.2018. For Petitioner : Mr.G.Arul Murugan For Respondents : Mrs.K.Bhuvaneswari, Addl. Government Pleader for R-1 & R-2 Mr.R.V.Babu, Standing Counsel for R-3

O R D E R

This Writ Petition has been filed seeking for a direction directing the respondents to relocate his fruit shop near the Katta Gopuram of Ulagalantha Perumal Kovil, Thirukovilur Taluk, Villupuram District or provide an alternate place for putting up the fruit stall.

2. The grievance of the petitioner is that he was having a fruit shop near the Katta Gopuram of the Ulagalantha Perumal Kovil. Earlier, on 05.07.2018, for conducting Kumbabisekam festival, the 2nd respondent has requested the petitioner to vacate the shop on the assurance that he will be permitted to run the shop after conducting the Kumbabisekam. In pursuant to the same, he has also vacated the shop, but, after conducting the said festival, the respondents are not permitting him to locate the shop. Hence, he has sent a representation to the respondents on 03.08.2018, but no order has been passed. Therefore, the petitioner has filed the present Writ Petition.

3. On considering the fact that the representation is pending with the respondents, without going to the merits of the case, the 2nd respondent is directed to consider the petitioner's representation after giving reasonable opportunity to the petitioner and to pass suitable orders within a period of four weeks from the date of receipt of the copy of this order. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rpp To

1. The District Collector, Villupuram District, Villupuram.

2. The Sub-Collector, District Collectorate, Villupuram District, Villupuram.

3. Thirukovilur Town Panchayat, rep. by its Executive Officer, Thirukovilur, Villupuram District.

4. The Inspector of Police, Thirukovilur Police Station, Thirukovilur, Villupuram District.

+1cc to Mr.G.Arul Murugan, Advocate, S.R.No.66521 W.P. 24268 of 2018 and W.M.P. 28290 of 2018 GSP(15/10/2018)