K.Muthu v. The Government Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.24147 of 2023 1.K.Muthu 2.R.Durai 3.Selvakumar 4.R.Sedhubhai ... Petitioners vs.

1.The Government of Puducherry Represented by its Chief Secretary, Puducherry.

2.The Government of Puducherry, Represented by its Secretary, Local Administration Department, 3.The Puducherry Municipality, Represented by its Commissioner, Kamban Kalairangam, Bussy Street, Goubert Avenue, 1/4

4.The Puducherry Smart City Development Limited, Represented by its Chief Executive Officer, No.2, Bussy Street, Old Court Building, 5.The National Building Construction Corporation, A Government of India Undertaking, NBCC Bhawan, Lodhi Road, New Delhi-110 003.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for records in No.1704/Pu/V/A2/A4/2023 dated 13.07.2023 on the file of the 3rd Respondent and quash the same as wholly illegal and arbitrary. For Petitioners : Ms.Gopika Nambiar for Mr.Govind Chandrasekhar For R1 to R4 : Mr.Ramaswamy Meyyappan Government Advocate (Pondicherry)

O R D E R

The writ petition is filed challenging the order passed by the 3rd respondent directing the petitioners to hand over possession of their shops in Goubert Angadi at Puducherry and shift their business to Rodier Mill Complex.

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2. Mr.Ramaswamy Meyyappan, learned Government Advocate (Pondicherry) appearing for the respondents 1 to 4, on instructions, submits that the Vendors Association have given a representation to the 3rd respondent requesting him to provide alternative site at Old Jail Complex near Goubert Market Complex. The request of the petitioner for alternative accommodation will be considered by the 3rd respondent possitively and a suitable alternate site with basic amenities for conducting business will be provided by the 3rd respondent. Only thereafter, the petitioners have to vacate from the present complex.

3. The writ petition is disposed of by recording the said submission made by the learned Government Advocate (Pondicherry) for the respondents 1 to 4. No costs. Consequently, the connected miscellaneous petition is closed.

24.08.2023 Index : Yes/No Speaking order:Yes/No dm 3/4

S.SOUNTHAR, J.

dm To 1.The Chief Secretary, Government of Puducherry Puducherry.

2.The Secretary, Government of Puducherry, Local Administration Department, 3.The Commissioner, Puducherry Municipality, Kamban Kalairangam, Bussy Street, Goubert Avenue, 4.The Chief Executive Officer, Puducherry Smart City Development Limited, No.2, Bussy Street, Old Court Building, 24.08.2023 4/4