K.Kalaiarasan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 29/10/2024
CORAM
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ W.P.(MD). No.26228 of 2024 K.Kalaiarasan ... Petitioner -vs1.The District Collector, Office of the District Collector, Thanjavur District.
2.The Commissioner, Office of the Commissioner, Kumbakonam City Municipal Corporation, Kumbakonam, Thanjavur District.
3.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.
4.K.Narayanan ...
Respondents (Respondent No.4 is impleaded by order of this Court, dated 29.10.2024, in W.P.) PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1/5
Respondents to immediately remove the unauthorized street shops temporarily erected in Aayikulam South Side, Someshwaran temple South Side, Potramaraikulam South side in Thanjavur Main Road, Kumbakonam City Municipal Corporation, in accordance with law. For Petitioner : Mr.P.Edin Brough For Respondent 1 : Mr.P.Thilak Kumar, Government Pleader.
For Respondent 2 : Mr.M.Rajarajan, Standing Counsel.
For Respondent 3 : Mr.B.Thanga Aravind, Govt. Advocate (Crl.Side) For Respondent 4 : Mr.K.Samidurai
ORDER
(Order of the Court was made by the Hon'ble the Chief Justice) Counsel for the petitioner states his client is a full time politician and a party member of VCK. Despite that, it is stated in the petition he is not an income-tax assessee. What is the income is not stated, even though he may not be assessable to income-tax. The source of income is also not disclosed.
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2. Be that as it may, Mr.K.Samidurai, counsel appearing for one of the street vendors, by name, K.Narayanan, bearing street vendor's Identity Card No.KBM 029 79792 11336, requests to be joined as a party to this Writ Petition. Leave granted. The said K.Narayanan, whose address is also found at page No.50 of compilation being filed by counsel Mr.K.Samidurai, be added as a party - respondent, which is ordered accordingly.
3. All counsel, in unison, for respondents, state that the shops are all temporary vending units, allowed to operate only for a period of few days in view of the ensuing Diwali festival. Counsel state, that, in any event, all these vendors/shops shall be removed by 05th November,2024.
4. The above statement is accepted as undertaking to this Court.
5. Writ Petition is disposed of accordingly. No costs. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 29.10.2024 NCC : Yes/No Index : Yes/No dixit 3/5
To 1.The District Collector, Office of the District Collector, Thanjavur District.
2.The Commissioner, Office of the Commissioner, Kumbakonam City Municipal Corporation, Kumbakonam, Thanjavur District.
3.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.
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THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ, J.
dixit WP(MD) No.26228 of 2024 Date : 29/10/2024 5/5