Ariyalurnagarasalaiyora v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.37299/2015 & MP.No.1/2015 Ariyalur Nagar Salaiyora Tahlluvandi Vyabarigal Nalasangam, rep. by its Secretary Muralikrishnan .. Petitioner Vs.
1.The District Collector Ariyalur District, Ariyalur.
2.The Commissioner Ariyalur Municipality Ariyalur.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus restraining the respondents, their men, agents from interfering with the petitioner's sangam business activities on the roadside from Anna Statue till Water Tank which is one Kilometre from Gandhi Market or in the alternative allot shops in vacant site situate at near police quarters nearby Ariyalur High School and also near Krishnar temple in Ariyalur District.
For Petitioner :
Ms.R.Poornima For Respondents: Mr.R.Vijayakumar, AGP for R1 Mr.N.Sakthivel, GA for R2
ORDER
Heard the learned counsel for the petitioner ; Mr.R.Vijayakumar, learned Additional Government Pleader accepting notice on behalf of the 1st respondent and Mr.N.Sakthivel, learned Government Advocate accepting notice on behalf of the 2nd respondent and with their consent, the main writ petition is taken up for final disposal.
2 The petitioner seeks for issuance of a writ of mandamus restraining the respondents, their men, agents from interfering with the petitioner's sangam business activities on the roadside from Anna Statue till Water Tank which is one Kilometre from Gandhi Market or in the alternative allotted shops in vacant site situate at near police quarters nearby Ariyalur High School and also near Krishnar temple in Ariyalur District. The petitioner is an Association registered under the provisions of the Tamil Nadu Societies Registration Act on 17.04.2015. The petitioner would state that its members are small time traders in vegetables, fruits, flowers, fancy items etc., by selling the said items in the pushcart.
The petitioner would state that its members were carrying on the business near Anna Statue and they have now been evicted on the ground that they have encroached the public road and the drainage channel. The photographs filed in the typed set of papers, show that the members of the petitioner Association are trading on the top of the drainage channel by closing the channel with temporary structures. Though the petitioner Association has been allotted an alternative site, the members of the petitioner Association do not want to move to that site stating that it is in the back of the building and they will lose out all their business. In my view, there cannot be vested right for the petitioner Association to insist that they will continue to trade on road margins, that too, by erecting temporary structures on top of the drainage channel.
Therefore, the action of the respondents in evicting the members of the petitioner Association, cannot be faulted. However, if there is any difficulty for the petitioner Association to continue their trading in the place allotted by the respondents, it is always open to them to submit a detailed representation along with a copy of this order to the 2nd respondent, who shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-III) True Copy Sub Assistant Registrar To 1.The District Collector Ariyalur District, Ariyalur.
2.The Commissioner Ariyalur Municipality Ariyalur.
+1cc to Mrs.R.Poornima, Advocate sr.63695 +1cc to The Government Pleader Sr.63937 W.P.No.37299/2015 kk[co] srg 08/12/2015