Benjamin v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Benjamin

...Petitioner

Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Superintendent of Police, Tenkasi.

3.The Revenue Divisional Officer, Tenkasi.

4.The Tahsildar, 5.The Commissioner, Shenkottai Municipality, Shenkottai.

6.The Assistant Engineer, Highways Department, Highways Department Office, Shenkottai.

7.The Inspector of Police, Shenkottai Police Station, Shenkottai.

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8.M/s.Bharatha Gandhi Auto Drivers Association, Represented by its President Ayyappan, Auto Driver, K.C.Road,

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 7 to remove the auto stand of the 8th respondent functioning/running in front of the petitioner shops situated at K.C.Road, Shenkottai, Tenkasi District within time frame fixed by this Court by considering the petitioner's representation, dated 25.11.2024. For Petitioner : Mr.V.Sukumar For R1, R3, R4, R5 & R6 : Mr.D.Gandhi Raj Special Government Pleader For R2 & R7 : Mrs.M.Aasha Government Advocate (Crl.side)

O R D E R

This writ petition has been filed to direct the respondents 1 to 7 to remove the auto stand of the 8th respondent functioning/running in front of the petitioner shops situated at K.C.Road, Shenkottai, Tenkasi.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. The learned Government Advocate appearing for the respondents 2 & 7 would submit that the complaint lodged by the petitioner, before the seventh respondent alleging that the 8th respondent Association members parked their autos and also doing illegal activities, is pending.

5. In view of the above, without expressing any opinion on merits of the writ petition, the seventh respondent is directed to conduct and enquiry with the 8th respondent and to take appropriate action on the complaint given by the petitioner in the manner known to law.

6. With the above direction, the writ petition stands disposed of. No costs.

Internet : Yes Index : Yes/No 06.12.2024 Speaking/Non Speaking order am 3/5

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Superintendent of Police, Tenkasi.

3.The Revenue Divisional Officer, Tenkasi.

4.The Tahsildar, 5.The Commissioner, Shenkottai Municipality, Shenkottai.

6.The Assistant Engineer, Highways Department, Highways Department Office, Shenkottai.

7.The Inspector of Police, Shenkottai Police Station, Shenkottai.

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G.K.ILANTHIRAIYAN, J.

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