R. Ravi Shankar, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.1934 of 2013 R.Ravi Shankar ... Petitioner Vs.

1.The District Collector, Collectorate, Madurai, Madurai District.

2.The Commissioner, Madurai Corporation, Madurai, Madurai District.

3.The Deputy Superintendent of Police, (Transport) Madurai, Madurai District.

4.The Inspector of Police, S.S.Colony Police Station, Madurai 16, Madurai District.

5.The Manager, V.Transport, No.7, Pillayar Koil Street, 6.The Manager, V.Express, No.6B/2, Pillayar Koil Street, 7.The Proprietor S.M.Traders, Cigarette Company, No.6A, Pillayar Koil Street, 8.The Manager, Aqua Teck No.6B/2, Pillayar Koil Street,

9.The Manager, Biscuit Company, No.6C, Pillayar Koil Street, ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondents No.1-4 to forbear the Respondents No.5 to 9 from parking the lorries and other heavy vehicles along the street sides in the residential area at Pillayarkoil Street, S.S.Colony, Madurai -625 016, Madurai District.

For Petitioner : Mr.T.Lajapathi Roy For Respondents 1-4 : Mr.N.Manoharan Special Government Pleader.

For Respondents 5&6 : Mr.J.Barathan For 7th Respondent : R.Narayanan

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed to direct the respondents 1 to 4 to forbear the respondents 5 to 9 from parking lorries and other heavy vehicles along the street sides in the residential area at Pillayarkoil Street, S.S.Colony, Madurai, 2.According to the petitioner, as per Section 356 of the Madurai City Municipal Corporation Act, 1971, the respondents are duty bound to prevent the lorries and other vehicles along the street sides as parking place. Therefore, the petitioner has given a detailed representation to the respondents 1 to 4. Since no final order has been passed so far, the present writ petition has been filed.

3.Without going into the merits of the petitioner's claim, the respondents 1 to 4 are directed to consider the representation of the petitioner on its own merit and in accordance with law. If any third party will be affected by the nature of the relief sought for by the petitioner or by any order to be passed, the authority shall hear such person to avoid the allegations of violation of principles of natural justice. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal with the matter on its own merit as per law.

4.The writ petition is disposed of as above. No costs. Consequently, M.P(MD)No.1 of 2013 is closed.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Collectorate, Madurai, Madurai District.

2. The Commissioner, Madurai Corporation, Madurai, Madurai District.

3. The Deputy Superintendent of Police, (Transport) Madurai, Madurai District.

4. The Inspector of Police, S.S.Colony Police Station, Madurai 16, Madurai District.

5. The Manager, V.Transport, No.7, Pillayar Koil Street,

6. The Manager, V.Express, No.6B/2, Pillayar Koil Street, + 1 CC TO MR.T.LAJAPATHI ROY, ADVOCATE IN SR NO. 46691 + 1 CC TO MR.T.R.JEYAPALAM, ADVOCATE IN SR NO. 46295 + 1 CC TO R.NARAYANAN, ADVOCATE IN SR NO. 46176 SMS TE/SKN/SAR-II 03/09/2015 3P/10C Writ Petition (MD) No.1934 of 2013 13.08.2015