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Madras High CourtWP/35194/2022disposed of

S.Geetha Sundar, v. The District Collector

2023-01-23Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.01.2023

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Geetha Sundar ... Petitioner Vs.

1.The District Collector, Ranipet District, Ranipet.

2.The Assistant Commissioner, Excise, Collector Office Campus, Ranipet.

3.The District Manager, Tasmac Limited, No.12/B, Tamil Nadu Semippu Kidangu Valagam, Kidangu-I, Sipcot, 4.The Commissioner, Arcot Municipality.

Arcot, Ranipet.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 herein to remove 1/6

the Tasmac Shops (No.21 & 23) situated in Arani Road in the entrance of Konan Street, Ranipet District, based on the representation dated 01.07.2022 given by the Commissioner of Arcot Municipality, the 4th respondent herein.

For Petitioner : Mr.G.Karthikeyan For Respondents 1, 2 & 4 : Mr.S.R.Ravikumar Special Government Pleader For Respondent 3 : Mr.K.Balakrishnan

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 3 to consider the fourth respondent's representation dated 01.07.2022 requesting them to remove the Tasmac Shops (No.21 & 23) situated in Arani Road in the entrance of Konan Street,

2. Heard Mr.G.Karthikeyan, learned counsel for the petitioner, Mr.S.Ravikumar, learned Special Government Pleader appearing for the respondents 1, 2 & 4 and Mr.K.Balakrishnan, learned Standing Counsel appearing for the third respondent.

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3. The grievance of the petitioner in this writ petition is that the Tasmac Shop Nos.21 and 23 situated at Arani road in the entrance of Konan Street, Ranipet District is causing nuisance to the general public in that area. The petitioner is a Ward Councillor in the said area and he is also aggrieved by the said Tasmac shops. The aforesaid Tasmac shops are located in his area. On the request made by the petitioner, the fourth respondent has given a representation dated 01.07.2022 to the third respondent requesting the third respondent to remove the aforementioned Tasmac Shop Nos. 21 and 22.

4. Learned Special Government Pleader appearing for the respondents 1 to 4 has placed before this court the written instructions dated 03.01.2023 received by him from the third respondent viz., District Collector, Ranipet District. As seen from the written instructions, the respondents are making alternative arrangements to shift the Tasmac Shop Nos. 21 and 23 to some other area. However, they seek time to find an alternative place for the subject Tasmac Shops and shift the same to that place. 3/6

5. This Court is of the considered view that since a decision has already been taken by the 1st and 4th respondents to shift the subject Tasmac Shops to a different place, three months time will suffice for the respondents to re-locate the Tasmac Shops to a different area. 6.After recording the written instructions dated 03.01.2023 received by the learned Special Government Pleader from the District Collector, Ranipet District, this writ petition is disposed of by directing the respondents to shift the subject Tamac Shops viz., Shop Nos.21 and 23 situated at Arani road in the entrance of Konan Street, Ranipet District to a different place within a period of three months from the date of receipt of a copy of this order. No costs.

23.01.2023 gba/ nl Speaking Order/ Non Speaking Order Index: Yes/ No 4/6

To 1.The District Collector, Ranipet District, Ranipet.

2.The Assistant Commissioner, Excise, Collector Office Campus, Ranipet.

3.The District Manager, Tasmac Limited, No.12/B, Tamil Nadu Semippu Kidangu Valagam, Kidangu-I, Sipcot, 4.The Commissioner, Arcot Municipality.

Arcot, Ranipet.

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ABDUL QUDDHOSE,J.

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