Ramaiyaa v. The District Collector

1 W.P.(MD)NO.29255 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.29255 of 2022 Ramaiyaa ... Petitioner Vs.

1. The District Collector, Collectorate, Tiruchirappalli District.

2. The Commissioner of Police, Pudukottai Main Road, Subramaniapuram, Tiruchirappalli District.

3. The Revenue Divisional Officer, Trichy City, Raja Colony, Tiruchirappalli District.

4. The Tahsildar, Trichy Taluk, No.2, Bharathidasan Salai, Contonment, Tiruchirappalli District.

5. The Inspector of Police, KK Nagar police station, Tiruchirappalli District.

6. The City Corporation Commissioner, Tiruchirappalli City, Tiruchirappalli District.

... Respondents 1/5

2 W.P.(MD)NO.29255 OF 2022 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to take appropriate action to function the weekly market (Udaiyanpatti Sunday market at Trichy) in a peaceful manner without any hindrance from the fifth respondent by considering the petitioner's representation dated 23.12.2022.

For Petitioner : Mr.A.Joseph Jerry For R-1, R-3&R-4: Mr.A.K.Manikkam, Special Government Pleader.

For R-2 & R-5 : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side).

For R-6 : Mr.R.Baskaran, Standing Counsel.

* * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner calls himself as the hereditary Pattaiyar of Udaiyanpatti Village. The petitioner also stated that the weekly market is conducted and that the income is spent for the benefit of the local temple. It is stated that some 2/5

3 W.P.(MD)NO.29255 OF 2022 youngsters drove two wheeler in a rash manner. When the petitioner protested, he was attacked. In this regard, Crime No.1120 of 2022 was registered on the file of K.K.Nagar police station, Trichy City.

3. All that the petitioner wants is that the authorities must take appropriate steps to ensure that the weekly market is conducted in a peaceful manner without hindrance from the fifth respondent.

4. I wanted to know as to why the relief is sought against the fifth respondent. The learned counsel appearing for the petitioner stated that since law and order issue arose, instead of proceeding against the trouble-makers, the police closed the market itself. I make it clear that it will be open to the local body to take action as per law. The police cannot close down the market. The police are directed to conclude the investigation and file final report in Crime No.1120 of 2022 within a period of two months from the date of receipt of a copy of this order. The police is directed to ensure that no person conducts himself in such a manner so as to affect the safety of the users of the market.

3/5

4 W.P.(MD)NO.29255 OF 2022

5. This writ petition stands disposed of on these terms. No costs.

05.01.2023 Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Collectorate, Tiruchirappalli District.

2. The Commissioner of Police, Pudukottai Main Road, Subramaniapuram, Tiruchirappalli District.

3. The Revenue Divisional Officer, Trichy City, Raja Colony, Tiruchirappalli District.

4. The Tahsildar, Trichy Taluk, No.2, Bharathidasan Salai, Contonment,Tiruchirappalli District.

5. The Inspector of Police, KK Nagar police station, Tiruchirappalli District.

6. The City Corporation Commissioner, Tiruchirappalli City, Tiruchirappalli District.

4/5

5 W.P.(MD)NO.29255 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.29255 of 2022 05.01.2023 5/5