K.Kanthavel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR K.Kanthavel ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Divisional Engineer, Highways and Minor Ports Department, Thoothukudi.

3.The District Differently Abled Welfare Officer, The Office of Welfare of Differently Abled, Thoothukudi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to permit the petitioner to run the petty shop nearby the Railway Station, Kovilpatti based on the petitioner's representation dated 12.03.2023 within stipulated time frame as fixed by this Court.

For Petitioner : Mr.M.Prabu For Respondents : Mr.D.Gandhiraj Special Government Pleader 1/4

ORDER

This writ petition has been filed seeking a direction to the respondents to permit the petitioner to run the petty shop nearby the Railway Station, Kovilpatti, based on the petitioner's representation dated 12.03.2023 within stipulated time frame as fixed by this Court. 2.Heard the learned counsel appearing for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader, who takes notice for the respondents and perused the materials available on record. 3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4.It is the case of the petitioner that he is running a petty shop selling snacks, nearby the Railway Station, Kovilpatti, for his livelihood. Since the place where the petitioner's shop is located, is in the limit of Highways Department, the second respondent directed to remove the shop and vacate the place. In this regard, the petitioner submitted a representation dated 12.03.2023 to the first respondent. Since the same was not considered, the petitioner has filed this writ petition.

2/4

5.In view of the limited scope of the writ petition, without going into the merits of the matter, this Court directs the authorities concerned to consider the representation of the petitioner, dated 12.03.2023, on merits and in accordance with law, after hearing the petitioner, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs.

24.09.2024 NCC:yes/no Index:yes/no Internet:yes/no ta To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Divisional Engineer, Highways and Minor Ports Department, Thoothukudi.

3.District Differently Abled Welfare Officer, The Office of Welfare of Differently Abled, Thoothukudi.

3/4

N.SATHISH KUMAR, J.

ta 24.09.2024 4/4