Thiruthuraipoondi Sri Mullatchi Mariamman v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN and WMP.No.26323 of 2021 Thiruthuraipoondi Sri Mullatchi Mariamman Town Market Vegetables & Fruits, Merchants, Labour Welfare Association, Rep.by its President Mr.R.Kannan No.4/61, A-main road, Vellore, Thiruthuraipoondi, Tiruvarur District. ... Petitioner Vs The Commissioner, Thiruthuraipoondi Municipality Thiruthuraipoondi.
.... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus to call for the entire records pertaining to the order passed by the Commissioner, Thiruthuraipoondi Municipality, Thiruthuraipoondi the respondent herein vide his proceedings in Na.Ka.No.1873/2017/A2 dated 18.10.2021 and 1/5
to quash the same as illegal, arbitrary, unreasonable being violative of rules and principles of natural justice and thereby direct the respondent to permit the petitioner's association members to establish temporary market at Sribavaoushadheeshwarar Swami Temple Compound, Thiruthuraipoondi-Nagapattinam main road till the construction of the market complex is completed in the old bus stand premises and allot to the members of the petitioner's association.
For Petitioner : Mr.A.R.Suresh For Respondent : Mr.D.Ravichander
O R D E R
This writ petition has been filed for issuance of a writ of certiorarified mandamus to call for the entire records pertaining to the order passed by the Commissioner, Thiruthuraipoondi Municipality, Thiruthuraipoondi, the respondent herein vide his proceedings in Na.Ka.No.1873/2017/A2 dated 18.10.2021 and to quash the same as illegal, arbitrary, unreasonable being violative of rules and principles of natural justice and thereby direct the respondent to permit the petitioner's association members to establish temporary market at 2/5
Sribavaoushadheeshwarar Swami Temple Compound, Thiruthuraipoondi-Nagapattinam Main Road till the construction of the market complex is completed in the old bus stand premises and allot them to the members of the petitioner's association.
2. The members of the petitioner's association were having shops at Sri Mullatchi Mariammam Temple compound at Thiruthuraipoondi - Nagapattinam Main Road. Eviction notice had been issued since the building where the members of the petitioner's association have been conducting their business was in a dilapidated condition. Challenging the said eviction notice, the writ petition has been filed. But however, it is informed by both the learned counsel for the petitioner and the respondent that the members of the petitioner's association have been allotted shops in a new market area.
3. In view of the same, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 3/5
18.11.2024 dpq Index: Yes/No Speaking order / Non speaking order C.V. KARTHIKEYAN, J.
dpq To The Commissioner, Thiruthuraipoondi Municipality Thiruthuraipoondi.
and WMP.No.26323 of 2021 4/5
18.11.2024 5/5