P.Lakshmanan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Writ Petition No.21665 of 2021 P.Lakshmanan

...Petitioner

Vs The Commissioner, Erode City Municipal Corporation, Erode-638 011.

...Respondent

PETITION under Article 226 of The Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to implement the rules enumerated in Na.Ka.No.A1/2821/2013 dated 20.7.2021 on the file of the respondent.

For Petitioner : Mr.E.P.Senniyangiri For Respondent : Mr.Raja Mathivanan Order of the Court was made by T.S.SIVAGNANAM,J We have heard Mr.E.P.Senniyangiri, learned counsel for the petitioner and Mr.Raja Mathivanan, learned counsel accepting notice for the respondent.

2. The petitioner, by way of this writ petition styled as a public interest litigation, seeks a direction to the respondent to implement the order of the respondent dated 20.7.2021.

3. Earlier, the petitioner approached this Court by filing W.P.No. 12257 of 2021 seeking a Writ of Mandamus to direct the respondent to stop the function of one Ms.M.Indhirani's cattle market situated at Pallipalayam Road, Ambika Saw Mill Back Side, Karungalpalayam, Erode based on the representation dated 15.6.2020. The said writ petition was disposed of by order dated 07.6.2021 without going into the merits of the matter by directing the respondent herein to consider the representation and dispose of the same by a reasoned order after providing a https://hcservices.ecourts.gov.in/hcservices/

reasonable opportunity to the petitioner and the said Ms.M.Indhirani. The direction has been complied with and the respondent passed an order, which is in the form of a public notice dated 20.7.2021. In the said order/notice, nine conditions have been imposed.

4. The petitioner's grievance is that the said order/notice dated 20.7.2021 is not being implemented.

5. Mr.Raja Mathivanan, learned counsel appearing for the respondent, on instructions, submits that the order dated 20.7.2021 is in the process of being implemented and effective steps will be taken by the respondent in implementing the order and it is ensured that there is no hindrance to the vehicles plying in the road.

6. The said submission of the learned Standing Counsel appearing for the respondent is placed on record.

7. In addition, we direct the respondent to conduct a surprise inspection of the area and if any violation is found, those violators shall be immediately proceeded against under the relevant statute and it is not a one day affair and adequate instructions shall be issued to the concerned officers in the area to ensure that roads are not encroached and vehicles are not parked haphazardly on both sides of the road creating hindrance to public as well as the vehicles.

8. With the above observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar RS To The Commissioner, Erode City Municipal Corporation, Erode-638 011.

+1cc to Mr.E.P.Senniyangiri, Advocate, S.R.No.52973 WP.No.21665 of 2021 PVS(CO) SU(27/10/2021) https://hcservices.ecourts.gov.in/hcservices/