Madras High CourtWP(MD)/17180/2015disposed of

Madurai Nagar Salaiyorom v. The Union Of India,

2023-09-07Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 Madurai Nagar Salaiyarom Mattrum Market Virppaniyalar Sangam (Registration No.1171/MDU) Rep. by its General Secretary Having Office at 19, Bharathiyar Road, Melaponnagaram, Madurai-625 016.

... Petitioner Vs.

1.The Union of India, Rep. by Secretary to Government, Ministry of Eradication of Poverty & Employment Development Department, Nirman Bhavan, New Delhi-110 011.

2.The Secretary to Government, Municipal Administration & Water Supply Department, Government of Tamil Nadu, Fort St.George, Chennai-600 001.

3.The District Collector, Madurai District, 1/4

4.The Commissioner, Madurai Corporation, Anna Maligai, 5.The Commissioner of Police, Madurai City, Madurai-625 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the respondents 4 and 5 from in anyway dispossessing the petitioners members from their place from doing the business (hawkers) of fruits and flowers in the Mattuthavani bus stand front northern doom portion.

For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.N.Satheeshkumar Additional Government Pleader for R2 & R3 : Ms.S.Devasena for R4 : Mr.A.Albert James Government Advocate (Crl.side) for R5 : Mr.S.Jeyasingh Senior Panel Counsel for R1

ORDER

Heard the learned counsel on either side.

2. The petitioner is a registered association. It claims that its members are carrying on the business of vending flowers and fruits in Mattuthavani bus stand. The prayer in the writ petition is that they should not be dispossessed. 2/4

3. In a case of this nature, an association cannot maintain the writ petition. It is only the individual member who will have to come before this Court. As and when any individual member comes, the case will be examined on merits.

4. With such liberty, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 07.09.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The Secretary to Government, Municipal Administration & Water Supply Department, Government of Tamil Nadu, Fort St.George, Chennai-600 001.

2.The District Collector, Madurai District, 3.The Commissioner of Police, Madurai City, Madurai-625 001.

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G.R.SWAMINATHAN, J.

rmi 07.09.2023 4/4