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Madras High CourtWP(MD)/20797/2016disposed of

S.Sudhakar, v. The Director Of Municipal

2016-10-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016 C O R A M THE HONOURABLE DR.JUSTICE S.VIMALA Writ Petition (MD) No.20797 of 2016 S.Sudhakar .. Petitioner Vs.

1.The Director of Municipal Administration, Chepauk, Chennai 600 005.

2.The District Collector, Karur District, Karur.

3.The Municipal Commissioner, Karur Municipality, Karur.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the third respondent herein to permit hawking till Deepavali 2016 in the designated Venkateswara Road and Kamarajar Daily market place as per usual practice every year on the basis of the petitioner's representation dated 24.10.2016.

For petitioner ... Mr.R.Vijayakumar For R1 and R2 ... Mr.M.Murugan Government Advocate For R3 ... Mr.Alagu Sundaram

O R D E R

This is a writ of Mandamus seeking direction to the third respondent herein to permit hawking till Deepavali 2016 in the designated Venkateswara Road and Kamarajar Daily market place as per usual practice every year on the basis of the petitioner's representation dated 24.10.2016.

2.Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3.It is the case of the petitioner that he is a license holder under the third respondent herein for collecting rent from the daily and weekly shops at Venkateswara Road and Kamarajar Daily Market. There would be good collections during Deepavali season, as number of new shops are being put up in the said market https://hcservices.ecourts.gov.in/hcservices/

place. But contrary to usual practice, the third respondent is contemplating to put up the shops during festive occasion in Thiruvalluvar ground, without conducting any auction for the said place. Hence, the petitioner has given a representation to the respondents. Since the same has not been considered so far, the petitioner has filed this writ petition. 4.Under such circumstances, without going into the merits of the matter, the third respondent is directed to dispose of the representation of the petitioner, dated 24.10.2016 by 27.10.2016 (as Deepavali is on 29.10.2016) and to pass orders in accordance with law.

5.This writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar rj2 To 1.The Director of Municipal Administration, Chepauk, Chennai 600 005.

2.The District Collector, Karur District, Karur.

3.The Municipal Commissioner, Karur Municipality, Karur.

+1CC to Mr.R.Vijayakumar,Advocate Sr.No.64244 GJM/EM/MPA/SAR-I-26.10.16-2p-5C Writ Petition (MD) No.20797 of 2016 26.10.2016 https://hcservices.ecourts.gov.in/hcservices/