S.Saranya v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.18502 of 2023 Tmt.S.Saranya ... Petitioner vs.

1. The Commissioner, Tiruppur City Municipal Corporation, Thiruppur.

2. The District Collector, Tiruppur District, Tiruppur.

3. The Secretary, Tiruppur Agricultural Marketing Committee Tiruppur ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of mandamus directing the 1st Respondent to consider the representations of the Petitioner dated 19.04.2023 and 14.06.2023 for closure of the Flower Market in Palladam Salai and to shift all the shops to the newly constructed

Flower Market Complex under Smart City Scheme at Easwaran Koil Street Zone 3 of Tiruppur City Municipal Corporation and to pass orders on merits and in accordance with law within a reasonable period.

For Petitioner :

Mr.T.Ranganathan For Respondents : Mr.Abishek Murthy Standing counsel for R1 Mr.C.Selvaraj Additional Government Pleader for R2 Mr.A.M.Ayyathurai Government Advocate for R3

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to consider the representations made by the petitioner wherein the petitioner is seeking for shifting all the shops which were temporarily accommodated in the Flower Market at Palladam to the newly constructed Flower Market Complex under Smart City Scheme at Easwaran Koil Street, Zone 3 of Tiruppur City Municipal Corporation. 2.

Heard Mr.Abishek Murthy, learned Standing counsel for 1st respondent, Mr.C.Selvaraj, learned Additional Government Pleader

for 2nd respondent and Mr.A.M.Ayyathurai, learned Government Advocate for 3rd respondent.

3.

The petitioner is the successful bidder in the auction that was conducted by the 1st respondent and the petitioner has been given the lease for conducting the business in the newly constructed flower market complex under the Smart City Scheme within the jurisdiction of the 1st respondent Corporation for a period of three years. According to the petitioner, the existing traders were allowed to do their business in the Flower market in Palladam till the completion of the new market complex. The understanding was that, immediately after the new market in complex comes into operation, the traders will have to vacate the old flower market in Palladam. However, inspite of opening of the new market complex and inspite of the lease granted after conducting the public auction, the traders continue to do their business in the old flower market in Palladam. In view of the same, the petitioner made representation to the 1st respondent for closure of the Flower market in palladam. Since the same did not evoke any response, the present writ petition

has been filed before this Court.

4.

The learned Standing counsel appearing on behalf of the 1st respondent submitted that the 1st respondent has already informed the 3rd respondent that they no more require the old flower market in Palladam, since the newly constructed flower market complex has come into operation. The learned standing counsel further submitted that the electricity department was also informed that the electricity connection can be withdrawn since the 1st respondent has constructed the new market complex. The learned Standing counsel therefore submitted that some time is required to ensure that the old flower market is completely closed down and the traders are allowed to do their business only in the newly constructed flower market complex.

5.

In the light of the submissions of the learned Standing counsel appearing for the 1st respondent, the 1st respondent must ensure that the old Flower market is completely closed down within a period of four weeks from the date of receipt of a copy of this

order. The 1st respondent shall ensure that the traders do their business only in the newly constructed flower market complex. 6.

This writ petition is disposed of with the above directions. No costs.

23.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka

To

1. The Commissioner, Tiruppur City Municipal Corporation, Thiruppur.

2. The District Collector, Tiruppur District, Tiruppur.

3. The Secretary, Tiruppur Agricultural Marketing Committee Tiruppur

N. ANAND VENKATESH, J.

rka W.P No.18502 of 2023 23.06.2023