Perunthalaivar Kamarajar Dhinasari Santhai Viyabarigal Nala Sangam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.11959 of 2020 Perunthalaivar Kamarajar Dhinasari Santhai Viyabarigal Nala Sangam, (Reg.No.203/2011), Rep., by its President, KJD Sudhagar.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep., by the Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai.

2.The District Collector, Tirunelveli, Tirunelveli District.

3.The Assistant Director of Panchayat, Tirunelveli, Tirunelveli District.

4.The Executive Officer, Special Grade Panchayat, Tisaiyanvilai, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/5

Respondents No.2 to 4 not to demolish the weekly/daily market situates in Sy.No.576/2, Tisaiyanvilai Village, Tisaiyanvilai Taluk and Tirunelveli District affecting the livelihood of 200 small merchants without following due process of law and affording opportunity to the existing small merchants and further directing the respondents to give shop priority to the existing small merchants while construction of new shops in the same place.

For Petitioner :

Mr.R.Balakrishnan For Respondents :

Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to direct respondents No.2 to 4 not to demolish the weekly/daily market situate in Sy.No.576/2, Tisaiyanvilai Village, Tisaiyanvilai Taluk, Tirunelveli District.

2. The learned counsel for the petitioner would submit that the market is functioning as of now.

3. From the submission made by the learned counsel for the petitioner, it is clear that even after five years from the date of filing of the writ petition, the market is functioning. That being so, no further 2/5

adjudication is required. However, liberty is granted to the petitioner to approach this Court, if any such decision is taken to demolish the market in future.

4. With the above liberty, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[S.M.S., J.] [A.D.M.C., J.] 23.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr To 1.The Principal Secretary to Government, State of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St. George, Chennai.

2.The District Collector, Tirunelveli, Tirunelveli District.

3.The Assistant Director of Panchayat, Tirunelveli, Tirunelveli District.

4.The Executive Officer, Special Grade Panchayat, Tisaiyanvilai, Tirunelveli District.

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S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

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