Chinnaraja.A v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No.17347 of 2022 and W.M.P(MD)Nos.12653 and 17456 of 2022 A.Chinnaraja ... Petitioner Vs 1.The District Collector, Madurai District, Madurai.
2.The District Differently Abled Welfare Officer, Ground Floor, Collectorate New Building, Madurai.
3.The Tahsildar, Usilampatti Taluk, Usilampatti, 4.The Commissioner, Usilampatti Municipality, Usilampatti, 5.The Executive Engineer, Public Works Department/WRO(i/c), Gundar Basin Division, Madurai.
6.The Assistant Engineer, Highways Department, Kavandanpatti Road, Anandnagar, Usilampatti, 1/5
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the first respondent to grant license and permit the Petitioner to continue his petty shop nearby the Madurai Bus Stop Shelters of Usilampatti Town in the light of the disability certificate issued by the second respondent, dated 29.5.2014 based on the Petitioner's representation, dated 28.7.2022 within the time limit fixed by this Court.
For Petitioner : Mr.S.P.Naveenkumar For RR - 1 to 3 : Mr.D.Gandhiraj Special Govt.Pleader For RR - 4 :No appearance
ORDER
This Writ Petition has been filed for a direction, directing the first respondent to grant license and permit the Petitioner to continue his petty shop nearby the Madurai Bus Stop Shelters of Usilampatti Town in the light of the disability certificate issued by the second respondent, dated 29.5.2014 based on the Petitioner's representation, dated 28.7.2022 within the time limit fixed by this Court.
2.Heard the learned counsel appearing on either side and 2/5
perused the materials placed before this Court. 3.The Petitioner is claiming to be a disabled person and he has put up a petty shop nearby Madurai Bus stop shelters of Usilampatti Town in the year 2021.Therefore he applied for license and sought permit to run his petty shop in the same place. 4.On a perusal of the counter filed by the fifth respondent and on the submissions made, it would reveal that the Petitioner is an encroacher and he had encroached a portion of the property in S.No.231/1 situated at Usilampatti Town and it is described as a water body. Therefore no permission or license can be granted to the Petitioner to run his petty shop in the subject property. In view of the above, application submitted by the Petitioner cannot be considered and as such, the Writ Petition is devoid of merits and the same is liable to be dismissed.
5.Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
20.01.2025 3/5
NCC : Yes / No Index : Yes / No Internet : Yes vsn To 1.The District Collector, Madurai District, Madurai.
2.The District Differently Abled Welfare Officer, Ground Floor, Collectorate New Building, Madurai.
3.The Tahsildar, Usilampatti Taluk, Usilampatti, 4.The Commissioner, Usilampatti Municipality, Usilampatti, 5.The Executive Engineer, Public Works Department/WRO(i/c), Gundar Basin Division, Madurai.
6.The Assistant Engineer, Highways Department, Kavandanpatti Road, Anandnagar, Usilampatti, 4/5
G.K.ILANTHIRAIYAN, J.
vsn Order made in W.P(MD)No.17347 of 2022 and W.M.P(MD)Nos.12653 and 17456 of 2022 20.01.2025 5/5