R.Ramayee v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.6139 of 2024 R.Ramayee ... Petitioner Vs.
1.The District Collector, Office of Collectorate, Karur District.
2.The Planning Director, District Collectorate Office, Karur, Karur District.
3.The Executive Engineer, District Collectorate Office, Karur, Karur District.
4.The Block Development Officer, Thanthoni Union Office, Thanthoni, Karur District.
5.The Assistant Engineer, Thanthoni Union Office, Thanthoni, Karur District.
... Respondents 1/5
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein not to establish bus stop in front of petitioner's shop in S.No.598 situated at N.S.K.Nagar, Andangkovil East, Manmangalam Taluk, Karur District and consequently direct the respondents to establish bus stop on western side of petitioner's shop by considering petitioner's representation dated 12.03.2024.
For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.D.Gandhi Raj Special Government Pleader for R.1 to R.3 & R.5 Mr.P.T.Thiraviyam Government Advocate for R.4
ORDER
Heard both sides.
2.The petitioner is running a sweet shop. It is located at the corner where the Panchayat road and the Highway intersect. The petitioner's shop is facing the Highways. The petitioner has filed this writ petition to forbear the respondents from setting up any bus shelter in front of her 2/5
shop. Since the bus shelter is going to come up in the Highway (Karur to Coimbatore Highway), the petitioner may not have any legal right to stop the same. At the same time, the petitioner's access rights also will have to be respected. The authorities cannot put up the bus shelter in such a way as to block the customers access to the shop. It is seen that the shop is having a frontage of 20 feet. The bus shelter should not come up within 10 feet from the intersecting point of the Panchayat road and the Highways. In other words, the petitioner should have unhindered access on the front side to the extent of 10 feet. The bus shelter shall also be put up in such a way so that its back side is not covered. 3.This writ petition is disposed of with the aforesaid directions. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
19.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/5
To 1.The District Collector, Office of Collectorate, Karur District.
2.The Planning Director, District Collectorate Office, Karur, Karur District.
3.The Executive Engineer, District Collectorate Office, Karur, Karur District.
4.The Block Development Officer, Thanthoni Union Office, Thanthoni, Karur District.
5.The Assistant Engineer, Thanthoni Union Office, Thanthoni, Karur District.
4/5
G.R.SWAMINATHAN, J.
MGA and W.M.P(MD)No.6139 of 2024 19.03.2024 5/5