Madras High CourtWP(MD)/206/2021disposed of

Ramu v. The District Collector

2021-02-04Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.166 of 2021 Ramu : Petitioner Vs.

1.The District Collector, Sivagangai Collector Office, 2.The Project Director, District Rural Development Agency, Collector Campus, 3.The Block Development Officer, Block Development Office, Manamadurai- 630 606.

4.The Superintendent of Police, Superintendent of Police Office, 5.The Inspector of Police, Manamadurai Police Station, Sivagangai District- 630 606.

6.Natarajan : Respondents PRAYER :- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the concern respondent to forbear for try to construct a bus stop Shelter before the petitioner's shops in closed with prevent of functioning of shops manner also with petitioner's private purchased land by the 6th respondent based on the representation on 02.01.2021 and consequential direction to take legal action as per law within a stipulated time that may be fixed by this Court. For Petitioner :Mr.R.Senthilkumar For R1, R4 and R5 :Mr.C.Ramar Additional Government Pleader 1/3

For R3 :Mr.J.Gunaseelan Muthiah Additional Government Pleader ****

ORDER

Heard the learned Counsel appearing on either side. With their consent, the Writ Petition is taken up for final disposal. 2.The petitioner has put up three shops in Kattikulam Village. The grievance of the petitioner is that due to political motives, the respondents are putting up a bus shelter right in front of her shops, so as to ruin her livelihood and business. 3.Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for respondent 1, 4 and 5 would submit that the bus shelter will be put up at a distance of clearly 10 feet away from the petitioner's shops. He also given a further undertaking that the bus shelter will not have any enclosing wall. It will be only a functional bus shelter in the sense and it will have pillars, flooring and roof and of-course, some sitting arrangements also.

The construction will be put up in such a way, as not to affect the ingress and access of the petitioner's shops. 4.Recording the undertaking given by the official respondents, the Writ Petition is disposed of. This Court permits the construction activities to commence. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Sivagangai Collector Office, 2.The Project Director, District Rural Development Agency, Collector Campus, 2/3

3.The Block Development Officer, Block Development Office, Manamadurai- 630 606.

4.The Superintendent of Police, Superintendent of Police Office, 5.The Inspector of Police, Manamadurai Police Station, Sivagangai District- 630 606.

+1 CC to M/s.GP ( SR-3479[F] dated 05/02/2021 ) 04.02.2021 SE(CO) KK(15.02.2021) 3P 7C 3/3