Madras High CourtWP(MD)/19832/2019disposed of

Govt Multispecialty Hospital v. The District Collector

2019-09-17Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and WMP(MD) No.16338 of 2019 Government Multispeciality Hospital Auto Drivers Association Reg.No.27/2019 Rep.by its Secretary R.Ramar ... Petitioner Vs.

1. The District Collector Tirunelveli, Tirunelveli District

2. The Commissioner of Police O/o. The Commissioner of Police Tirunelveli City Tirunelveli District

3. The Divisional Executive Engineer National Highway Authority of India Palayamkottai, Tirunelveli District

4. The Inspector of Police The Government Hospital Police Station Palayamkottai Tirunelveli District ... Respondents Prayer:

Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, Forbearing the 4th respondent from disturbing the peaceful profession guaranteed under the constitution of India to the petitioners association to run auto-rickshaw in the premise of Government Multispecialty Hospital, Tirunelveli based on the representation made by the petitioner dated 29-07-2019 to the respondents For Petitioner : Mr.T.Chandrasekaran For Respondents : Mr.R.Anandharaj 1 ,2 & 4 Additional Public Prosecutor For R3 : Mr.Su.Srinivasan

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 1/3

2. It is the grievance of the petitioner that the 4th respondent is disturbing the peaceful profession guaranteed under the constitution of India to the petitioners association to run auto-rickshaw in the premise of Government Multispeciality Hospital, Tirunelveli based on the representation made by the petitioner dated 29-07-2019 to the respondents

3. The learned Government Advocate(Crl.Side) would submit that if the petitioner's association want to have auto- rickshaw stand, they have to necessarily approach the first respondent for necessary permission.

4. Considering the above submission the prayer sought for cannot be considered now. However the petitioner is directed to approach the first respondent by filing appropriate application to have auto- rickshaw stand in the premises of Government Multispeciality Hospital, Tirunelveli. On receipt of application from the petitioner, the first respondent is directed to consider the same and pass orders on merits and in acordance with law withina period of four weeks from the date of representation.

5. With the above direction,the Writ Petition stands disposed of. No Costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To

1. The District Collector Tirunelveli, Tirunelveli District

2. The Commissioner of Police O/o. The Commissioner of Police Tirunelveli City Tirunelveli District

3. The Divisional Executive Engineer National Highway Authority of India Palayamkottai Tirunelveli District

4. The Inspector of Police The Government Hospital Police Station Palayamkottai, Tirunelveli District 2/3

+1 CC to Mr.SU.SRINIVASAN, Advocate ( SR-87164[F] dated 17/09/2019 ) +1 CC to Mr.T.CHANDRASEKARAN, Advocate ( SR-87367[F] dated 18/09/2019 ) W.P.(MD).No.19832 of 2019 17.09.2019 aav MK (30.09.2019) 3P 7C 3/3