M.K.Rajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2020

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN, J M.K.Rajan ... Petitioner vs.

1. The District Collector Madurai District,

2. The Commissioner,

3. The Assistant Commissioner, Revenue Department, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents permit petitioner doing the whole sale fruit merchant business at shop No.140 at Mattuthavani Fruit Market, Madurai. For Petitioner : Mr.S.Muniyandi For Respondents : Mr.A.Thiyagarajan, Government Advocate for R1 Mr.T.S.Mohammed Mohaideen, Standing counsel for R2 and R3 ****

O R D E R

This Court deeply appreciates the presence of Mr.T.S.Mohammed Mohaideen, learned Standing counsel, for taken notice on behalf of the 2nd and 3rd respondents, and Mr.A.Thiyagarajan, Government Advocate, who had taken notice for the 1st respondent.

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2. Heard learned counsel for the petitioner and the respondents also.

3. The writ petition had been filed seeking a Mandamus to direct the respondents particularly, 2nd and 3rd respondents, the Commissioner and Assistant Commissioner of Madurai Corporation, to permit the petitioner to continue to do wholesale fruit business at shop No.140, at Mattuthavani Fuit Market, Madurai. The claim of the petitioner in the affidavit is that, he had been doing business at Mattuthavani Fruit Market. His main product is grapes. Due to the COVID-19 pandemic, the respondents had undertaken certain steps to prevent crowding in the shops, particularly at the market. The shop of the petitioner was shifted to D.Nopile Matriculation Higher Secondary School. The petitioner was aggrieved by the same and therefore, had come before this Court.

4. Today, the learned counsel for the 2nd and 3rd respondents had submitted an order dated 29.05.2020, passed by the 3rd respondent namely the Assistant Commissioner of Revenue of the Madurai Corporation in MR.No.2/19440/19. In the said communication, a detailed arrangement has been set out for the benefit of the shop owners and more importantly, also for the benefit of the general public, who come to the market for purchase. The shop of the petitioner had been shifted to the School situated just opposite to the Mattuthavani Fruit Market, namely D.Nopile Matriculation Higher Secondary School. It had been stated that this is a temporary arrangement. The said order is recorded and the submissions of the counsel is also recorded.

5. Since the grievance of the petitioner has been addressed, nothing further survives in the writ petition. Writ Petition is accordingly disposed of. No Costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The District Collector Madurai District,

2. The Commissioner, 2/3

3. The Assistant Commissioner, Revenue Department, +1 CC to M/s.T.S.MOHAMED MOHIDHEEN, Advocate ( SR-13071[F] dated 04/06/2020 ) 04.06.2020 SPU(11.06.2020) 3P-5C 3/3