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Madras High CourtWP(MD)/21394/2023disposed of

Anna Auto Ottunar Sangam v. The District Collector

2026-03-02Honourable Mr.Justice Hemant Chandangoudar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/03/2026

CORAM

THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Anna Auto Ottunar Sangam, Rep. By its President, Gopalakrishnan ... Petitioner Vs.

1. The District Collector, Nagercoil, Kanyakumari District..

2. The Regional Transport Officer, Nagercoil, Kanyakumari District.

3. The Deputy Superintendent of Police, Kanyakumari Division, Kanyakumari District..

4. The Revenue Divisional Officer, Nagercoil, Kanyakumari District..

5. James

6. Velmurugan

7. Babu 1/6

8. Madasamy

9. Rajendran ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1,2 and 4 to take action against the respondents 5 to 9 and to prevent them to park their auto rickshaws in front of Anjugramam Village Administrative Office and the fair Price shop as their auto stand and remove their auto rickshaw stand which is in operation without any permission from the authorities as required under section 117 of Motor Vehicles Act, based on the petitioners representation dated 15.07.2023.

For Petitioner : Mr. P.T.Ramesh Raja For R1, R2 & R4 : Mr.P.Subbaraj, Spl. Government Pleader For R5 to R8 : Mr.A.S.Abul Kalam Azad

ORDER

The petitioner is a registered Auto Drivers' Union represented by its President. The petitioner Union is before this Court seeking a direction to the respondents 1 to 4 to take appropriate action against the respondents 5 to 9, who are allegedly parking their auto rickshaws in a non-designated parking area, thereby adversely affecting the livelihood and business of the members of the petitioner Union. 2/6

2. The grievance of the petitioner is that the private respondents are parking their auto rickshaws in a non-designated area and, therefore, the respondents 1 to 4 are duty bound to take appropriate action against them. According to the petitioner, such act of the private respondents is in violation of Section 117 of the Motor Vehicles Act.

3. The learned Special Government Pleader appearing for the respondents 1, 2 and 4 submitted that the representation submitted by the petitioner would be considered in accordance with law.

4. The said submission of the learned Special Government Pleader is taken on record.

5. In view of the above, the respondents 1 and 3 are directed to consider the representation of the petitioner dated 15.07.2023 on its own merits and pass appropriate orders in accordance with 3/6

law, after issuing notice to the private respondents, namely the respondents 5 to 9. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition stands disposed of. No costs.

02.03.2026 CM 4/6

To,

1. The District Collector, Nagercoil, Kanyakumari District..

2. The Regional Transport Offic, Er, Nagercoil, Kanyakumari District..

3. The Deputy Superintendent of Police, Kanyakumari Division, Kanyakumari District..

4. The Revenue Divisional Officer, Nagercoil, Kanyakumari District.

5/6

HEMANT CHANDANGOUDAR,J CM

ORDER

IN WP(MD) No.21394 of 2023 Date : 02/03/2026 6/6