Vengadesan.S v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI S.Vengadesan ... Petitioner Vs.

1.The District Collector, 2.The Joint Director / Director of Planning, District Rural Development Agency, 3.The Assistant Director of Panchayats, 4.The Block Development Officer (VP), Manapparai Union, Manapparai.

5.The President, Mondipatti Village Panchayat, Manapparai Taluk, Trichy District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1 to 5 to establish the Weekly Market at Kottappatti in Mondipatti Village, Manapparai Taluk, Trichy District, by considering the petitioner's continuous representations dated 03.12.2019, 05.03.2020 and 10.06.2021.

For Petitioner : Mr.J.Parekhkumar For R-1 to R-3 : Mr.A.K.Manickam Standing counsel for Government For R-4 : Mr.Baskaran

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM,J.) Heard Mr.J.Parekhkumar, learned counsel appearing for the petitioner, Mr.A.K.Manickam, learned Standing counsel appearing for the respondents 1 to 3 and Mr.Baskaran, learned counsel appearing for the fourth respondent.

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2.The petitioner seeks for a direction upon the respondents 1 to 5 to establish the Weekly Market at Kottappatti in Mondipatti Village, Manapparai Taluk, Trichy District, by considering his continuous representations, dated 03.12.2019, 05.03.2020 and 10.06.2021.

3.It is not clear as to why the respondents are not considering the representations and organising a Weekly Market in the said Village. There appears to be no legal impediment in doing so and if the Weekly Market is conducted, it will benefit the public, both the traders and the consumers. Infact the Block Development Officer by communication, dated 21.10.2020, has directed the fifth respondent to identify a suitable Government land, where the Weekly Market can be conducted. However, the fifth respondent has not taken any action. Subsequently, the petitioner has also given representations and also indicated the land, which will be suitable where the Weekly Market can be conducted. 4.In the light of the above, we direct the respondents 3 and 4 to take appropriate action on the representation and issue necessary directions to the fifth respondent to conduct the Weekly Market in the said village in a suitable place as expeditiously as possible, preferably within a period of three weeks from the date of receipt of a copy of this order, if there is no other legal impediment.

5.With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) RM Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, 2/3

2.The Joint Director / Director of Planning, District Rural Development Agency, 3.The Assistant Director of Panchayats, 4.The Block Development Officer (VP), Manapparai Union, Manapparai.

5.The President, Mondipatti Village Panchayat, Manapparai Taluk, Trichy District.

+1 CC to M/s.J.PAREKH KUMAR, Advocate ( SR-22788[F] dated 15/07/2021 ) +1 CC to M/s.A.BASKARAN, Advocate ( SR-22574[F] dated 14/07/2021 ) +1 CC to M/s.SPL GP ( SR-22683[F] dated 15/07/2021 ) 13.07.2021 PM(CO) KB(20.07.2021) 3P 9C 3/3