V.Soundararajan v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP Nos.20244 and 20248 of 2019 V.Soundararajan .. Petitioner -vs1. The Principal Secretary to Government, Municipal and Administration and Water Supply Department, Chennai.
2. The Director of Municipal Administration, Chepauk, Chennai.
3. The Commissioner, Udumalpet Municipality, Udumalpet.
4. V.Vinoth Kumar .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to prevent the unauthorised usage inside the Udumalpet Main market
premises comprised in Ward No.F, Block No.1, T.S.No.10, Udumalpet and consequently to remove the encroachments made by the 4th respondent, his men and agents inside the said market premises and consequently to restore all the four exiting gates of the market for its effective usage and consequently not to open the north gate heading towards the National Highways and consequently to make a provision for parking for the visitors of the market inside the Market premises and consequently to supervise and regularise the functions of the market as per law and norms for the smooth functioning of the market and consequently to remove the structure pout up by the 3rd respondent under the guise of manufacturing the micronutrients by dumping decayed products inside the market premises and consequently not to bifurcate the market by constructing a separate compound wall inside the arket and consequently to permit the market premises to function only as a market and consequently to expand the market area by putting entire market area effectively into usage. For the Petitioner :
Mr.R.Kannan For the Respondents :
Mr.T.K.Saravanan Govt.Advocate For RR 1 and 2 :
Mr.S.Anand for R-3 :
Mr.L.Mouli for R-4 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.R.Kannan, learned counsel for the petitioner, Mr.T.K.Saravanan, learned Government Advocate for respondent Nos.1 and 2, Mr.S.Anand, learned counsel for respondent No.3 and Mr.L.Mouli, learned counsel for respondent No.4.
2. The learned counsel for the petitioner submits that the respondents be directed to prevent unauthorised usage inside the Udumalpet main market premises comprised in Ward No.F, Block No.1, T.S.No.10 and consequently remove the encroachments made by the 4th respondent and his agents.
3. The respondent No.3 has filed a status report which states that the improvements in the said market have been taken up under the centenary celebration fund 2020-21. The market is functioning as a weekly market mainly on Mondays and retail business is carried out on a daily basis. The construction of four new blocks in the above
market place is underway and there is no dumping of waste in the market site and a micro composting centre with a capacity of 4 MT per day is functioning. It is further stated that steps are also undertaken to make improvements in order to avoid traffic congestions. A copy of the status report is placed on record.
4. It is submitted by the learned counsel for respondent No.4 that respondent No.4 is a successful bidder in the auction. In light of the above, the writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.
(S.V.G., CJ.) (D.B.C., J.) 22.11.2023 Index : Yes/No : Yes/No sra
To
1. The Principal Secretary to Government, Municipal and Administration and Water Supply Department, Chennai.
2. The Director of Municipal Administration, Chepauk, Chennai.
3. The Commissioner, Udumalpet Municipality, Udumalpet.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra) 22.11.2023