L.Selvi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)Nos.1 & 2 of 2015 L.Selvi ... Petitioner Vs 1.The District Collector, Office of the District Collector, Virudhunagar District, 2.The Divisional Engineer, Office of the Divisional Engineer, Highways, C&M, Virudhunagar District.
3.The Assistant Divisional Engineer, Office of the Assistant Divisional Engineer, Highways, Aruppukottai, Virudhunagar District.
4.The Commissioner, Office of the Commissioner, Aruppukottai Municipality, Virudhunagar District.
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5.The General Manager, Virudhunagar District Co-operative Milk Producers Union, Meenakshipuram Road, Srivilliputhur,
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.3782/2015/f1 dated 11.05.2015 on the file of the fourth respondent and quash the same as illegal and consequently direct the respondents 1 to 5 to permit the petitioner to reinstall the petitioner's shop in an extent of 8x6 feet box situated at Km 49/21 of Madurai - Tuticorin Road, Opposite Tahsildar office, Aruppukottai, Virudhunagar District within the time frame fixed by this Court. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader
ORDER
Heard both sides.
2. The writ petitioner was running an Aavin Milk Booth outside the Government Hospital, Aruppukottai. The petitioner had obtained permission from all the concerned authorities. It was not an encroachment at all. However, 2/6
on 05.02.2015, the Milk Booth was demolished by the authorities. Seeking restoration as well as payment of damages, the present writ petition came to be filed.
3. The learned counsel appearing for the petitioner took me through the contents of the affidavit filed in support of the writ petition and called upon this Court to grant relief as prayed for.
4. The stand of the local body is that they had merely carried out the directive issued by the then District Collector, Virudhunagar. I therefore called upon the respondents to have a clarificatory affidavit filed by the then District Collector. Pursuant to the direction given by this Court, additional affidavits have been filed. It is stated by the then District Collector, Virudhunagar that during the relevant time, severe threat to public health was posed by dengue pandemic and only to quell the same, certain measures were ordered to be taken by him and that the subordinate authorities have misconstrued the direction given by him. It is categorically stated by him that he never directed the authorities to bypass due process of law.
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5. The explanation given by the then District Collector, Virudhunagar is accepted. But the fact remains that the petitioner has suffered damage as a result.
6. The present District Collector, Virudhunagar has graciously come forward to make good the loss caused to the petitioner. Certain proactive steps have been taken and certain sites have been identified wherein the petitioner can locate her Milk Booth. The learned counsel appearing for the petitioner submits that she is not in a position to raise funds for installing a new Milk Booth. The respondents will arrange the installation of the Milk Booth also.
7. Recording the stand of the first respondent to alleviate the concerns of the petitioner as mentioned above, this writ petition is disposed of. The petitioner is directed to maintain the Milk Booth free of any kind of deviation. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
25.09.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 4/6
To 1.The District Collector, Office of the District Collector, Virudhunagar District, 2.The Divisional Engineer, Office of the Divisional Engineer, Highways, C&M, Virudhunagar District.
3.The Assistant Divisional Engineer, Office of the Assistant Divisional Engineer, Highways, Aruppukottai, Virudhunagar District.
4.The Commissioner, Office of the Commissioner, Aruppukottai Municipality, Virudhunagar District.
5.The General Manager, Virudhunagar District Co-operative Milk Producers Union, Meenakshipuram Road, Srivilliputhur, 5/6
G.R.SWAMINATHAN, J.
MGA and M.P(MD)Nos.1 & 2 of 2015 25.09.2023 6/6