Madras High CourtWP(MD)/35658/2025disposed of

Gunaveerasekaran v. The District Collector

2026-02-17Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2026

CORAM

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR WP(MD) No.35658 of 2025 and WMP(MD).No.28262 of 2025 Gunaveerasekaran .....Petitioner Vs 1.The District Collector Collectorate Sivagangai District 2.The Executive Officer Pudhuvayal Town Panchayat Office Karaikudi Taluk Sivagangai District 3.The Assistant Director Office of the Assistant Director of Town Panchayat Sivagangai District 4.The Tahsildar Karaikudi Taluk Office Karaikudi Taluk Sivagangai District 5.The Assistant Divisional Engineer State Highways Department Sivagangai District 6.D.Kumar ....Respondents (6th respondent is impleaded vide Court order dated 17.02.2026) 1/5

Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to ensure not to construct any Bus Passenger Shelter in front of the Ayyanar Bakery operating in the petitioner's building in Shop No.93/6, 93/7 & 93/8 in S.F.No.132/12 and 132/14 of Sakkottai Revenue Village, Karaikudi Taluk, Sivagangai District by considering the petitioners' representation dated 03.12.2025 within a specified time frame that may be fixed by this Court. For Petitioner : Mr.K.Balasundaram Senior Counsel for M/s.KBS Law Office For Respondents : Mr.B.Saravanan Additional Government Pleader for R1, R3 to R5 : Mr.K.S.Selva Ganesan Additional Government Pleader for R2 :Mr.N.Balakrishnan for R6

ORDER

The present writ petition has been filed seeking a mandamus directing the respondent to ensure not to construct any Bus Passenger Shelter in front of the Ayyanar Bakery operating in the petitioner's building in Shop No.93/6, 93/7 & 93/8 in S.F.No.132/12 and 132/14 of Sakkottai Revenue Village, Karaikudi Taluk, Sivagangai District.

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2.According to the learned counsel appearing for the writ petitioner, any construction of the bus shelter would affect his access to the bakery run by him. It would also affect his frontage.

3.In view of the above said facts, the respondents were directed to conduct a survey and file a sketch before this Court. Now the sketch has been filed to the effect that there is a gap of 24 feet between the proposed bus shelter and the bakery of the writ petitioner. The bus shelter is about to be constructed mostly covering Shop Nos.27 and 12 and partially Shop No.14 belonging to the writ petitioner.

4.In view of the fact that the petitioner is having 24 feet gap between the proposed bus shelter and his bakery and only a part of bakery is going to be affected in the frontage, this Court does not find any reason to interfere in the proposal of the respondent in construction the bus shelter. It is made clear that the respondents are directed to strictly adhere to the sketch that is filed before this Court and not disturb the frontage of the writ petitioner to the larger extent.

5.With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 17.02.2026 (2/2) 3/5

Internet : Yes/No Index : Yes/No NCC : Yes/No msa To 1.The District Collector Collectorate Sivagangai District 2.The Executive Officer Pudhuvayal Town Panchayat Office Karaikudi Taluk Sivagangai District 3.The Assistant Director Office of the Assistant Director of Town Panchayat Sivagangai District 4.The Tahsildar Karaikudi Taluk Office Karaikudi Taluk Sivagangai District 5.The Assistant Divisional Engineer State Highways Department Sivagangai District 4/5

R.VIJAYAKUMAR, J.

msa WP(MD) No.35658 of 2025 and WMP(MD).No.28262 of 2025 17.02.2026 (2/2) 5/5