Prasanna v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2025 CORAM :
THE HONOURABLE MRS. JUSTICE N.MALA and THE HONOURABLE MR. JUSTICE G.ARUL MURUGAN Prasanna S/o.Manokaran Deepam Restaurant Shop No.13, 14, 14A Central Bus Stand Commercial Complex Tiruvannamalai Taluk Tiruvannamalai District ... Petitioner Vs.
1.The State rep. by The District Collector O/o.District Collector Office Tiruvannamalai District 2.The Commissioner Tiruvannamalai Municipality Tiruvannamalai District 3.Thiyagu 4.Bhaskar 5.Jeeva ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 & 2 to take action in accordance with the provisions of Tamil Nadu District Municipalities Act, 1920 or any other law for the time being in force on the encroachment made by the respondents 3 to 5 at the pavement of Central Bus Stand Commercial Complex, Tiruvannamalai Taluk, Tiruvannamalai District, pursuant to the petitioner's representations dated 07.04.2025, 16.04.2025, 21.04.2025 and 28.04.2025.
For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.S.J.Mohamed Sathik Government Advocate - R1 & R2
ORDER
(Order of the Court was made by the Hon'ble Mrs.Justice N.Mala) The Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 & 2 to take action in accordance with the provisions of Tamil Nadu District Municipalities Act, 1920 or any other law for the time being in force on the encroachment made by the respondents 3 to 5 at the pavement of Central Bus Stand Commercial Complex, Tiruvannamalai Taluk, Tiruvannamalai District, pursuant to the petitioner's representations dated 07.04.2025, 16.04.2025, 21.04.2025 and
28.04.2025.
2. The writ petitioner was permitted to carry a hotel business in the Central Bus Stand Commercial Complex, Tiruvannamalai Taluk, Tiruvannamalai District. The respondents 3 to 5 herein illegally occupied the pavement place in front of the petitioner's hotel by setting up shops and were causing great hardship to the customers visiting the hotel and to the employees of the hotel. The respondents 3 to 5 also broke the lights provided for public use by the Municipality and were causing inconvenience to the petitioner and also to the public. Hence, representations were given to the respondents 1 and 2, but the same were not considered by them till date.
3. Learned counsel appearing for the writ petitioner has restricted the relief sought for by stating that it would suffice if this Court directs the respondents 1 and 2 to consider the petitioner's representations dated 07.04.2025, 16.04.2025, 21.04.2025 and 28.04.2025 in accordance with law and pass orders. Though the petitioner had sought for disposal of his representations, we are not inclined to direct the respondents to dispose the same, in view of the submissions made by the counsel for the respondents.
4. Learned Government Advocate, on instructions submitted that the respondents 1 and 2 already initiated proceedings under the provisions of Tamil Nadu District Municipalities Act, 1920. He also produced a copy of the proceedings in Na.Ka.No.969/2025/F1 dated 06.05.2025, directing the respondents 3 to 5 to remove the encroachments made by them, within a period of two days.
5. In view of the submissions of the learned Government Advocate and in the light of the fact that steps are already taken for removing the encroachments made by respondents 2 and 3, we direct the respondents 1 and 2 to complete the proceedings initiated by them as expeditiously as possible.
6.With the aforesaid directions, the Writ Petition is disposed of. No costs.
[N.M, J.] [G.A.M, J.] 08.05.2025 kas Index: Yes /No To.
The District Collector O/o.District Collector Office
Tiruvannamalai District 2.The Commissioner Tiruvannamalai Municipality Tiruvannamalai District N.MALA, J.
AND G.ARUL MURUGAN, J.
kas
08.05.2025