Madras High CourtWP(MD)/1721/2015dismissed

P. Maharajan v. The District Collector

2016-11-03Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.1721 of 2015 P.Maharajan .. Petitioner Vs.

1. The District Collector, Madurai District.

2. The Superintendent of Police, Madurai District.

3. The Assistant Director, (Town Panchayat), Madurai Collectorate, Office Campus, Madurai.

4. The Joint Director, (Town Panchayat), Madurai Collectorate, Office Campus, Madurai.

5. The Tahsildar, Vadipatti Taluk, Madurai District.

6. The Executive Officer, Town Panchayat Office, Vadipatti Taluk, Madurai District.

7. The Inspector of Police, Vadipatti Police Station, Vadipatti Taluk, Madurai District.

8. Kasthuri .. Respondents (R8 impleaded as per the order of the Court dated 11.08.2015 made in M.P.(MD).No.1 of 2015)

PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 13.11.2014 and to take immediate action with regard to the needs of merchants and public who gather in the weekly market on every Tuesday situated at Vadipatti Taluk, Bodinayakanpatti Village, Madurai District, with the help of the 2nd respondent. For Petitioner : Mr.K.Muthumalai For respondents 1 to 7 : Mr.S.Chandrasekar, Government Advocate For 8th respondent : No appearance

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Writ Petition seeking a direction to the first respondent to take immediate action with regard to the needs of merchants and public, who gather in the weekly market on every Tuesday, situated at Vadipatti Taluk, Bodinayakanpatti Village, Madurai District, with the help of the 2nd respondent.

2.We have heard the learned counsel for the petitioner and the learned Government Advocate appearing for the official respondents.

3.In the counter affidavit filed by the Executive Officer, Vadipatti Town Panchayat, in paragraph No.2, it is stated as follows:

"2.It is respectfully submitted that the petitioner herein has filed this petition with a prayer for the issuance of Writ of Certiorarified Mandamus directing the respondents to consider his representation dated 13.11.2014 and to take immediate action with regard to the needs of merchants and public who gather in the weekly market on every Tuesday situated at Vadipatti Taluk, Bodinayakanpatti Village, Madurai District, with the help of the 2nd respondent is not maintainable since the sandai impugned in the present writ petition is a private market run by a family of a particular clan and without arraying them as respondents, the petitioner herein is hardly in a position to maintain the present writ petition."

4.Though the writ petition has been pending from the year

2015, the petitioner has not chosen to implead the person, who are actually running the market. In their absence, we cannot issue any direction as prayed for. This Writ Petition is, therefore, dismissed. No costs.

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