S. Ashok Kumar v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR S.Ashok Kumar

...Petitioner

/Vs./ 1.The District Collector, District Collectorate, Madurai.

2.The Municipal Commissioner, Municipal Office, Usilampatti.

3.The Superintendent of Police, Madurai District, Madurai.

4.The Inspector of Police, Police Station, Usilampatti.

...Respondents

Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 3 and 4 to remove the unauthorized auto stand put up in front of the property of the petitioner in the name and style of 'Malayandi Theatre' in Madurai road, Usilampatti, by considering the representation filed by the petitioner on 08.09.2020. For Petitioner : Mr.G.Vanjinathan For R1, R3 & R4 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R2 : Mr.K.Mahendiran

ORDER

This Writ Petition has been filed for a direction to the respondents 3 and 4 to remove the auto stand put up in front of the property of the petitioner in the name and style of 'Malayandi Theatre' in Madurai road, Usilampatti, by considering the representation of the petitioner dated 08.09.2020. 2.The contention of the writ petitioner is that despite several representations, the auto stand has not been removed. 1/3

3.The learned counsel appearing for the second respondent submits that the road in question belongs to National Highways. They are controlling over it.

4.The learned Additional Public Prosecutor appearing for the official respondents, on instructions, submits that during Covid-19 period, some autos have been parked on the road. Now, there is no auto stand as alleged by the petitioner in front of his theatre. Only the autos carrying the people to the theatre sometimes have been parked on the road. He further submits that no auto stand has been permitted in that locality.

5.In such view of the matter, the respondent police should ensure that there should not be any permanent auto stand without proper licence from the concerned authorities. 6.With the above observation, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr 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, District Collectorate, Madurai.

2.The Municipal Commissioner, Municipal Office, Usilampatti.

3.The Superintendent of Police, Madurai District, Madurai.

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4.The Inspector of Police, Police Station, Usilampatti.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.VANJINATHAN, Advocate ( SR-10102[F] dated 04/03/2022 ) +1 CC to M/s.K.MAHENDRAN, Advocate ( SR-10063[F] dated 04/03/2022 ) ORDER MADE IN 02.03.2022 KVL/12.03.2022/3P/8C 3/3