P.Nagapandi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.8167 of 2025 P.Nagapandi ... Petitioner vs.
1.The District Collector, Dindigul District, Dindigul.
2.The District Superintendent of Police, Dindigul District, Dindigul.
3.The Revenue Divisional Officer, Chinnalapatti, Dindigul District.
4.The Tahsildar, Chinnalapatti Taluk, Dindigul District.
5.The Assistant Director of Town Panchayat, Dindigul, Dindigul District.
1/7
6.The President, Chinnalapatti Special Town Panchayat, Chinnalapatti, Dindigul District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents from evicting the petitioner and other traders from adjacent land of daily vegetable market in Chinnalapatti Vegetable Market situated at Chinnalapatti Town Panchayat, Athoor Taluk Dindgul District till the allotment of the new building to the petitioner and other traders by following old procedure consequently directing the respondents to follow the old procedure by collecting Rs.25/- from each shop of daily vegetable market as per current practice and allot the new shops to the same persons who are all enjoying the shops in Chinnalapatti Vegetable Market situated at Chinnalapatti Town Panchayat, Athoor Taluk, Dindigul District and based on the petitioner's representation dated 17.03.2025 within the time stipulated by this Court.
For Petitioner : Mr.P.Manikandan For Respondents : Mr.P.Thilak Kumar Government Pleader 2/7
ORDER
(Order of the Court was made by S.SRIMATHY, J.) The present Writ Petition has been filed for the issuance of a Writ of Mandamus, forbearing the respondents from evicting the petitioner and other traders from the adjacent land of the daily vegetable market in Chinnalapatti, situated at Chinnalapatti Town Panchayat, Athoor Taluk, Dindigul District, until allotment of the new building to the petitioner and other traders by following the old procedure. The petitioner further seeks a direction to the respondents to follow the existing practice of collecting Rs.25/- from each shop in the daily vegetable market and to allot the new shops to the same persons who are currently occupying the shops in the Chinnalapatti Vegetable Market and based on the petitioner's representation dated 17.03.2025 within the time stipulated by this Court.
2.According to the petitioner, there are 85 vegetable shops operating in and around the Anna Vegetable Market and the livelihoods of their families depend on these shops. The Municipal Administration has planned to demolish 3/7
the existing vegetable market building and construct a new one, which is proposed to be auctioned at a higher rate. The petitioner contends that if this plan is implemented, the livelihood of the traders, who are currently selling vegetables as a means to alleviate poverty, will be adversely affected. 3.When the matter was taken up for hearing, the learned Government Pleader appearing for the respondents submitted that the market is in a dilapidated condition and, therefore, the Municipal Administration has decided to demolish the building and construct a new one, which is to be auctioned. 4.Heard the learned counsel appearing on both sides and perused the materials placed before this Court.
5.Considering the fact that the market is in a dilapidated condition, the relief sought by the petitioner cannot be granted. However, after the construction of the new building, the existing leaseholders, if willing, may participate in the allotment process. The authority concerned shall consider their applications sympathetically.
4/7
6.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.
[J.N.B.,J.] & [S.S.Y.,J.] 21.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 5/7
To 1.The District Collector, Dindigul District, Dindigul.
2.The District Superintendent of Police, Dindigul District, Dindigul.
3.The Revenue Divisional Officer, Chinnalapatti, Dindigul District.
4.The Tahsildar, Chinnalapatti Taluk, Dindigul District.
5.The Assistant Director of Town Panchayat, Dindigul, Dindigul District.
6.The President, Chinnalapatti Special Town Panchayat, Chinnalapatti, Dindigul District.
6/7
J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 21.04.2025 7/7