Mancholai Iravu Nera Nagara v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2016
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM WP(MD) No.23497 of 2016 and WMP(MD) No.16862 of 2016 Mancholai Iravu Nera Nagara Auto Ottunar Sangam- Srivilliputhur, represented by its Secretary, Murugan ... Petitioner -Vs1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Superintendent of Police, Virudhunagar District, Virudhunagar.
3. The Deputy Superintendent of Police, Srivilliputhur, Viirudhunagar District.
4. The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.
... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents herein to permit and provide adequate protection to the members of the petitioner Sangam to park their Auto Rickshaws outside the Srivilliputhur Bus Stand during the night hours and ply their Auto Rickshaws from Srivilliputhur Bus Stand in the night hours on hire basis by considering the representation sent by the petitioner on 28.07.2015.
For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.K.P.Krishnadoss Government Advocate
O R D E R
The prayer in the writ petition is for issuance of Writ of Mandamus directing the respondents herein to permit and provide adequate protection to the members of the petitioner Sangam to park their Auto Rickshaws outside the Srivilliputhur Bus Stand during the night hours and ply their Auto Rickshaws from Srivilliputhur Bus Stand in the night hours on hire basis by considering the representation sent by the petitioner on 28.07.2015.
2. The case of the petitioner is that the members of the petitioner's sangam are plying Auto Rickshaws in Srivilliputhur town and they have been doing their work for the past 10 years. The members of the petitioner's association used to park their auto rickshaws outside to the District Court, Srivilliputhur in the day time and during the night hours, they used to park their auto rickshaws opposite to Srivilliputhur bus stand and ply their vehicles for hire. When the members of the petitioner have been carrying, on their the business for the past 10 years, the fourth respondent is now preventing the members to park their vehicle opposite to the Srivilliputhur bus stand and hence, they made representations to the respondents 1 to 3 on 14.05.2015 and 28.07.2015 seeking their intervention. Since it was not considered favourably, they have come up before this Court by filing this writ petition.
3. Heard the learned Counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials placed before this Court.
4. Considering the grievance of the petitioner, this Court, without going into the merits of the case, directs the second respondent to consider the representations of the petitioner dated 14.05.2015 and 28.07.2015 on merits and in accordance with law and pass orders on the same within a period of four weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.
5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Deputy Registrar (Admin) /True Copy/ Sub Assistant Registrar
To:
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Superintendent of Police, Virudhunagar District, Virudhunagar.
3.The Deputy Superintendent of Police, Srivilliputhur, Viirudhunagar District.
4.The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.
+ 1 CC TO Mr.G.THALAIMUTHARASU, ADVOCATE IN SR No. 79718 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 78949 SSL TE/GSV-PM : 02/01/2017 : 3P/7C W.P.(MD) No.23497 of 2016 and WMP(MD) No.16862 of 2016 02.12.2016