K. Rajinikanth v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.11.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Rajinikanth ... Petitioner Vs.
1.The District Collector, O/o. District Collector Office, Ramanathapuram, Ramanathapuram District.
2.The Commissioner, O/o. Ramanathapuram Municipality Office, Vandikara Street, Ramanathapuram, Ramanathapuram District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to unseal petitioner's shop located at Ramanathapuram District, Ramanathapuram Municipality, Arignagar Anna Salai, Near Co-optex, Roman Church Area and to hand over the same back to me, which is locked and sealed by the second respondent on 05.09.2024 by considering petitioner's representation dated 11.11.2024. For Petitioner : Mr.D.Balamurugapandi For 1st Respondent : Mr.S.Kameswaran Government Advocate For 2nd Respondent : Mr.K.Saravanan Standing Counsel 1/5
ORDER
By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.This Writ Petition is filed, seeking to direct the second respondent to unseal the petitioner's shop located at Ramanathapuram District, Ramanathapuram Municipality, Arignagar Anna Salai, Near Cooptex, Roman Church Area and to hand over the same, considering petitioner's representation dated 11.11.2024. 3.Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the 1st respondent, the learned Government Advocate appearing for the 2nd respondent and carefully perused the entire materials available on record. 4.The learned Standing Counsel appearing for the 2nd respondent submitted that in compliance to the order passed by the District Consumer Disputes Redressal Commission, Ramanathapuram, in C.C.No. 13 of 2022, already a shop in Lathams Bungalow Road, opposite to B2 Bazar police Station, Ward C Block No.7, Town Survey No.81, has been allotted to the petitioner, by proceedings of the second respondent dated 2/5
16.11.2021. The petitioner has to comply with the proceedings by paying a security deposit of Rs.25,000/- with the second respondent Society. 5.However, the learned counsel appearing for the petitioner submitted that the petitioner is a street vendor who has been issued with street vendor's identity card in UID No.RMD0389, for which, he has been permitted to conduct a petty shop at Church road, Ramanathapuram. The said petty shop has been sealed by the second respondent Municipality, without putting the petitioner on notice.
6.In view of the same, considering that the said exercise has been done by violating the principles of natural justice, this Court hereby direct the second respondent to forthwith unseal the petitioner's shop located at Ramanathapuram District, Ramanathapuram Municipality, Arignagar Anna Salai, Near Co-optex, Roman Church Area, within a period of two weeks from the date of receipt of copy of this order. 6.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
28.11.2024 NCC : Yes / No Index :
Yes / No Internet :
Yes Mrn 3/5
To 1.The District Collector, O/o. District Collector Office, Ramanathapuram, Ramanathapuram District.
2.The Commissioner, O/o. Ramanathapuram Municipality Office, Vandikara Street, Ramanathapuram, Ramanathapuram District.
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L.VICTORIA GOWRI, J.
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