T.Gunasekaran v. The Commissioner

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 16.12.2023

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.25039 of 2023 and WMP(MD) No.21249 of 2023 T.Gunasekaran ... Petitioner Vs

1. The Commissioner Trichy Corporation, Cantonment, Trichy

2. The City Engineer Trichy Corporation, Cantonment, Trichy ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondent from putting up the bus shed/bus stop or any such construction in front of the petitioner's shop at Door No.81, Big Showratra Street, Uraiyur, Trichy-3 and by considering the petitioner's representation dated 27.09.2023 within the period that may be stipulated by this Court. For Petitioner : Mr.M.Mohammed Zamil For Respondent : Mr.R.Baskaran,Standing Counsel for M/s.RB Law Associates 1/5

O R D E R

This Writ Petition is filed forbearing the respondent from putting up the bus shed/bus stop or any such construction in front of the petitioner's shop at Door No.81, Big Showratra Street, Uraiyur, Trichy-3 and by considering the petitioner's representation dated 27.09.2023 within the period that may be stipulated by this Court.

2. It is the case of the petitioner that the land situated in Door No.81,Big Showrastra Street, Uraiyur Trichy is his self acquired property and the land was leased out to one Siva and the same is used as hotel. The bus stop is situated 50 meter away from the shop for the past few decades. While being so, now the corporation has proposed to shift the bus stop adjacent to his shop since all other shop owners objected for the putting up the bus stop near their shops. He would further submit that if the bus shelter is allowed to be constructed in front of his property it would lead to heavy traffic and disturbance. Hence, the petitioner made a representation on 27.09.2023, seeking not to put up the bus shelter in front of his shop. Since the said representation was not considered till date, the petitioner has approached this Court. 2/5

3. The learned Standing Counsel appearing for the respondents would submit that the representation of the petitioner dated 27.09.2023 would be considered in accordance with law.

4. In view of the same, without expressing any opinion on the merits of the matter, this Court directs the first respondent to consider and pass orders on the representation of the petitioner dated 27.09.2023 on merits and in accordance with law, within a period of sixweeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently connected miscellaneous petition stands closed.

16.12.2023 Index : Yes/No Internet: Yes/No aav 3/5

To

1. The Commissioner Trichy Corporation, Cantonment, Trichy

2. The City Engineer Trichy Corporation, Cantonment, Trichy 4/5

KRISHNAN RAMASAMY, J.

aav W.P.(MD)No.25039 of 2023 16.12.2023 5/5