Essaki v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.8949 to 8952 of 2023 and W.M.P.(MD)Nos.8132, 8133, 8134 & 8135 of 2023 Essaki ... Petitioner in W.P.(MD)No.8949 of 2023 M.S.Murugan ... Petitioner in W.P.(MD)No.8950 of 2023 Murugaraj ... Petitioner in W.P.(MD)No.8951 of 2023 Logaraj ... Petitioner in W.P.(MD)No.8952 of 2023 Vs.
1.The District Collector, District Collector Office, Tenkasi, 2.The Block Development Officer, Panchayat Union Office, Sankarankovil, 3.The Panchayat President, Vadakkupudhur Panchayat Office, Vadakkupudhur, Sankarankovil, 1/4
4.The Commissioner, Sankarankovil Municipality, ... Respondents in all Writ Petitions Prayer in all Writ Petitions: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the fourth respondent vide order Na.Ka.No.2313/2022/F1, dated 30.12.2022 and to quash the same with regard to saloon shop of the petitioner in Old S.No.368/2, Ward A, Block 19, T.S.No.8, situated at Sankarankovil, Tenkasi District and consequently, direct the fourth respondent to give alternative place for the saloon shop of the petitioner. For Petitioner :Mrs.S.Ragaventhre For Respondents :Mr.K.Balasubramani Special Government Pleader for R1 to R3 : Mr.P.T.Thiraviam (in all Writ Petitions) Government Advocate for R4 COMMON ORDER Heard the learned counsel on either side.
2. It is brought to our notice that the identically placed individuals filed W.P.(MD)No.1048 of 2023 and the Hon'ble Division Bench vide order dated 25.01.2023 disposed of the writ petition in the following terms:- 2/4
2. According to the petitioners, they are running saloon shops in the land in question for more than 50 years and fairly, admitted that the land in question is a water body. Therefore, they seek only alternative place to run their business and to that extent, they also filed an undertaking affidavit before this Court.
3. The learned Government Advocate for the respondents 1 and 4 has produced the proceedings of the 4th respondent dated 24.01.2023 addressed to him and submitted that the 4th respondent will consider the request of the petitioners and provide alternative place to the petitioners in different localities, as there is paucity of place for giving shops to all these petitioners on the same locality.
4. In the light of the aforesaid submission, this Court directs the 4th respondent to provide alternative place to these petitioners as per his proceedings dated 24.01.2023 and the petitioners are also directed to vacate the shops occupied by them and hand over the possession to the 4th respondent Municipality. Such an exercise shall be completed within a period of three months from the date of receipt of a copy of this order. Till such time, the 4th respondent shall not take any coercive steps against the petitioners. We make it clear that this order will apply only to these petitioners.
3. The petitioners herein failed to join the bandwagon earlier. That need not come in the way of granting relief to the petitioners.
4. These Writ Petitions are also disposed of on the same lines. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 19.04.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/4
G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
rmi To 1.The District Collector, District Collector Office, Tenkasi, 2.The Block Development Officer, Panchayat Union Office, Sankarankovil, 3.The Panchayat President, Vadakkupudhur Panchayat Office, Vadakkupudhur, Sankarankovil, 4.The Commissioner, Sankarankovil Municipality, W.P(MD)Nos.8949 to 8952 of 2023 19.04.2023 4/4