K.S.Abdul Ali. Jamal, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.11355 of 2017 and W.M.P.(MD)No.8739 of 2017 K.S.Abdul Ali Jamal : Petitioner Vs.

1. The District Collector, Madurai District.

2. The Commissioner, Madurai Corporation, Madurai District.

3. The Managing Director, Tamil Nadu State Transport Corporation, Byepass Road, Madurai District.

4. The General Manager, Tamil Nadu State Transport Corporation, Byepass Road, Madurai District.

: Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to re-locate bus stop and the passenger waiting shed of the Gandhi Pottal Bus stop at Kamarajar Salai, Madurai to any nearby area, based on the petitioner's representation dated 13.04.2017. For Petitioner : Mr.S.A.Ajmal Khan For Respondent No.1 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader For Respondent No.2 : Mr.R.Murali, For Mr.R.Prabu Ramachandran For Respondents 3&4 : Mr.A.Jeyaram ********

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] https://hcservices.ecourts.gov.in/hcservices/ The petitioner filed this Writ Petition to direct the respondents to re-locate the Bus Stop and the passenger waiting shed

at Gandhi Pottal Bus stop at Kamarajar Salai, Madurai to any other place, pursuant to his representation dated 13 April, 2017.

2. The District Collector directed the Committee comprising the Personal Assistant (Legal), Office of District Collector, Madurai, Assistant Commissioner (Traffic), Regional Transport Officer (Central), Deputy Manager (Commercial), Tamil Nadu State Transport Corporation, Madurai and Thiru.S.Jeganathan, Assistant Engineer, National Highways, to inspect the location in question. The joint inspection Committee report dated 20 July, 2017, indicates that it would not be possible to shift the bus stop from the present location. The District Collector, pursuant to the said report, submitted a counter indicating that it would not be possible to relocate the bus stop.

3. The question of locating or re-locating the bus stop is essentially a matter to be decided by the authorities. It would not be possible for the Court to analyze the materials produced by the authorities for the purpose of taking a different view. Therefore, we do not find any reason to issue a Mandamus as prayed for by the petitioner.

4. In the upshot, we dismiss the Writ Petition. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To The District Collector, Madurai District.

+ 1 CC TO Mr.R.PRABHU RAMACHANDRAN, ADVOCATE IN SR No. 68460 + 1 CC TO Mr.A.JEYARAM, ADVOCATE IN SR No. 68784 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 68977 SML TE/KK/SAR-I : 08/08/2017 : 2P/5C Order made in W.P.[MD].No.11355 of 2017 and W.M.P.(MD)No.8739 of 2017 Dated: 27.07.2017 https://hcservices.ecourts.gov.in/hcservices/