Madras High CourtWP(MD)/23591/2025disposed of

Sheikh Ali v. The District Collector

2025-09-16Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-09-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA WP(MD) No. 23591 of 2025 and W.M.P(MD).No.18514 of 2025 Sheikh Ali ... Petitioner Vs 1.The District Collector Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Keezhakarai Taluk, Ramanathapuram District.

3.The Block Development Officer (Village Panchayat), Kadaladi Block Development Office, Kadaladi, Ramanathapuram District.

4.Ervadi Village Panchayat, Rep.by its Special Officer, Ervadi, Keezhakarai Taluk, Ramanathapuram District.

5.The Divisional Engineer, Highways Department, Buildings and Maintenance, Ramanathapuram.

6.The Assistant Divisional Engineer, Highways Department, Buildings and Maintenance, Mudhukulathur.

(R5 and R6 are suo motu impleaded vide court order dated 29.8.25 in WP(MD)No.23591/25 by CSNJ) Respondent(s) Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 2 and 4 from interfering with the petitioner's lawful operation of the Aavin parlour situated on the road margin of Ervadi-Chinna Ervadi Road at 1/6 KM in S.No.502 of Ervadi Village, Keezhakarai Taluk, Ramanathapuram District. For Petitioner : Mr.M.Saravanan For Respondents : Mr.K.R.Badurus Zaman, Govt. Advocate For R1 & R2 Mr.Subbaraj, Spl. Govt. Pleader For R3

ORDER

This writ petition is filed aggrieved by the interference of the respondents 2 and 4 with the lawful operation of the Aavin Parlour by the petitioner on the ground of traffic congestion.

2.It is informed that on 09.08.2025 even before the filing of this writ petition, the petitioner's bunk has been shifted to a nearby place and it is currently stationed on the road margin.

3.Considering the above fact and also the fact that the respondents have not followed due process of law in the eviction proceedings as against the petitioner, the respondents shall permit the petitioner to continue to operate the shop, namely, Aavin Parlour and they shall take steps to evict him in the manner known to law, after issuing notice to the parties. Since the order is passed in the presence of the officials, they shall permit the petitioner to start running the parlour from tomorrow (i.e, 17.09.2025) onwards.

4.With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 16-09-2025 NCC : Yes/No Index : Yes/No Rmk

To 1.The District Collector Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Keezhakarai Taluk, Ramanathapuram District.

3.The Block Development Officer (Village Panchayat), Kadaladi Block Development Office, Kadaladi, Ramanathapuram District.

4.The Special Officer, Ervadi Village Panchayat, Ervadi, Keezhakarai Taluk, Ramanathapuram District.

5.The Divisional Engineer, Highways Department, Buildings and Maintenance, Ramanathapuram.

6.The Assistant Divisional Engineer, Highways Department, Buildings and Maintenance, Mudhukulathur.

P.T. ASHA,J.

Rmk WP(MD) No. 23591 of 2025 16.09.2025