Madras High CourtWP(MD)/6165/2019disposed of

U.K.Kesava Pandian, v. The Commissioner,

2020-07-22Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.6165 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6165 of 2019 and W.M.P.(MD)No.4931 of 2019 U.K.Kesava Pandian ... Petitioner Vs.

1.The Commissioner, Municipal Administration and Rural Development,Ezhilagam, Chepauk, Chennai.

2.The Commissioner, Madurai City Municipal Corporation, Madurai.

3.The City Engineer, Madurai City Municipal Corporation, Madurai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 2 and 3 to defer their proposal of occupying the Jansi Rani Car Park situated at Nethaji Road, Madurai City towards implementing of Smart City Scheme till the other car parking inclusive of Multilevel Car Parking are being made ready and started functioning of the same nearby to Arulmigu Meenakshi Sundareswarar Thirukovil, Madurai (Old Central Market, Madurai) and further direct them to extend the license of Jansi Rani Car Parking in favour of the petitioner for the consecutive periods in the light of the petitioner's representation dated 04.02.2019.

For Petitioner : Mr.R.Anand For R1 : Mr.M.Rajarajan Government Advocate For R2 & R3 : Mr.K.Govindarajan

O R D E R

Heard Mr.R.Anand, learned counsel appearing for the petitioner, Mr.M.Rajarajan, learned Government Advocate appearing for the first respondent and Mr.K.Govindarajan, learned Counsel appearing for the second and third respondents.

2. The petitioner was a licensee in the Jansi Rani Park area belonging to the Corporation. On account of implementation of Smart https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6165 of 2019 City Project, the petitioner was evicted. The petitioner had given a representation dated 04.02.2019 seeking allotment of alternative site.

3. It is for the second respondent to take a call in this matter. If the corporation had allotted any alternative site for the licensees, it is for the Corporation to extend the similar treatment to the petitioner also. In other words, the petitioner will not be discriminated and will be given the same treatment, which was given to the similarly placed erstwhile licensees.

4. With this direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ta Note : 1. Issue order copy within one day after the same is received by the Court Officers Section.

2. 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 Commissioner, Municipal Administration and Rural Development, Ezhilagam, Chepauk,Chennai.

2.The Commissioner, Madurai City Municipal Corporation, Madurai W.P.(MD)No.6165 of 2019 22.07.2020 SMA/28/07/2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2