Shri Kamakshi Amman Mini v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.32148 of 2012 "Shri Kamakshi Amman Mini Lorry Ottunar Sangam"

Rep. by its M.Muniyandi ... Petitioner Vs.

1.The District Collector, Kancheepuram Kancheepuram District.

2.The Regional Transport Officer Kancheepuram 3.The Tasildhar Kancheepuram 4.The Superintendent of Police Kancheepuram 5.Kanchi Panchayat Presidents Kancheepuram 6.The Commissioner of Police Kancheepuram 7.The Inspector of Police Siva Kanchi Police Station Kancheepuram 8.K.Ganesh (R8 impleaded as per the order of this Court dated 17.02.2015 made in M.P.No.1/13 in W.P.No.32148/12) ... Respondents Prayer:

Petition filed under section 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's written representation dated 15.10.2012

For Petitioner : Mr.R.Sasi Kumar For Respondents: Mr.R.Vijayakumar for R1 to R7 Additional Government Pleader Mr.P.Anbarasan for R8

O R D E R

Heard both sides. The petitioner has filed this writ petition seeking a direction upon the respondents to consider his representation dated 15.10.2012 by which the petitioner seeks for appropriate permission to park mini lorries in a particular area in Kancheepuram town.

2.The eighth respondent and nine others filed writ petition in W.P.No.1438 of 2012 praying for a direction to consider their representation to make undisturbed ingress and egress to the residential houses by shifting the parking of the vehicles from Shengazhuneer Odai Street to Oli Mohamed Pet area on a permanent basis.

This Court by order dated 24.01.2012 directed the Superintendent of Police, Kancheepuram District to consider the representation and pass orders after affording opportunity to the concerned persons. Pursuant thereto, an order has been passed on 11.08.2012 by which the parking has been re-located. Therefore, if the petitioner is aggrieved, it is open to the petitioner to challenge the said order. Without challenging the same, the petitioner cannot seek for issuance of writ of Mandamus to consider their representation.

3.In the light of the above, this writ petition is disposed of leaving it open to the petitioner to challenge the said order, if they so desire. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri

To 1.The District Collector, Kancheepuram Kancheepuram District.

2.The Regional Transport Officer Kancheepuram 3.The Tasildhar Kancheepuram 4.The Superintendent of Police Kancheepuram 5.Kanchi Panchayat Presidents Kancheepuram 6.The Commissioner of Police Kancheepuram 7.The Inspector of Police Siva Kanchi Police Station Kancheepuram + 1 cc to Mr.P. Anbarasan, Advocate Sr.8559 W.P.No.32148 of 2012 TS(CO) Eu 10.03.15