Dismissed

P. Maharajan v. the District Collector

Madras HC3 Nov 2016WP(MD)/1721/2015

Case brief

AI extract

What is this about?

The Madurai Bench dismissed a writ petition under Article 226 challenging the maintenance of a private weekly market. The court held that non-impleadment of the actual market operators precluded the issuance of any direction, rendering the petition incompetent.

What did the court decide?

No direction issued as the petitioner failed to implead the persons running the private market.

P. Maharajan Vs the District Collector — Constitutional and Fundamental Rights | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03.11.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN

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W.P.[MD].No.1721 of 2015

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P.Maharajan .. Petitioner Vs. 1. The District Collector, Madurai District. 2. The Superintendent of Police, Madurai District. 3. The Assistant Director, (Town Panchayat), Madurai Collectorate, Office Campus, Madurai. 4. The Joint Director, (Town Panchayat), Madurai Collectorate, Office Campus, Madurai. 5. The Tahsildar, Vadipatti Taluk, Madurai District. 6. The Executive Officer, Town Panchayat Office, Vadipatti Taluk, Madurai District. 7. The Inspector of Police, Vadipatti Police Station, Vadipatti Taluk, Madurai District. 8. Kasthuri .. Respondents

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https://hcservices.ecourts.gov.in/hcservices/ (R8 impleaded as per the order of the Court dated 11.08.2015 made in M.P.(MD).No.1 of 2015)

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1^st respondent to consider the petitioner's representation dated 13.11.2014 and to take immediate action with regard to the needs of merchants and public who gather in the weekly market on every Tuesday situated at Vadipatti Taluk, Bodinayakanpatti Village, Madurai District, with the help of the 2^nd respondent.

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For Petitioner : Mr.K.Muthumalai For respondents 1 to 7 : Mr.S.Chandrasekar, Government Advocate

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For 8^th respondent : No appearance

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O R D E R

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[Order of the Court was made by S.NAGAMUTHU, J.]

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The petitioner has come up with this Writ Petition seeking a direction to the first respondent to take immediate action with regard to the needs of merchants and public, who gather in the weekly market on every Tuesday, situated at Vadipatti Taluk, Bodinayakanpatti Village, Madurai District, with the help of the 2^nd respondent.

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2.We have heard the learned counsel for the petitioner and the learned Government Advocate appearing for the official respondents.

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3.In the counter affidavit filed by the Executive Officer, Vadipatti Town Panchayat, in paragraph No.2, it is stated as follows:

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“2.It is respectfully submitted that the petitioner herein has filed this petition with a prayer for the issuance of Writ of Certiorarified Mandamus directing the respondents to consider his representation dated 13.11.2014 and to take immediate action with regard to the needs of merchants and public who gather in the weekly market on every Tuesday situated at Vadipatti Taluk, Bodinayakanpatti Village, Madurai District, with the help of the 2^nd respondent is not maintainable since the sandai impugned in the present writ petition is a private market run by a family of a particular clan and without arraying them as respondents, the petitioner herein is hardly in a position to maintain the present writ petition.”

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https://hcservices.ecourts.gov.in/hcservices/

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4.Though the writ petition has been pending from the year

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2015, the petitioner has not chosen to implead the person, who are actually running the market. In their absence, we cannot issue any direction as prayed for. This Writ Petition is, therefore, dismissed. No costs.

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Sd/Assistant Registrar (CS-I) /True Copy/

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Sub Assistant Registrar

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The District Collector, Madurai District.

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The Superintendent of Police, Madurai District.

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The Assistant Director, (Town Panchayat), Madurai Collectorate, Office Campus, Madurai.

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The Joint Director, (Town Panchayat), Madurai Collectorate, Office Campus, Madurai.

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The Tahsildar, Vadipatti Taluk, Madurai District.

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The Executive Officer, Town Panchayat Office, Vadipatti Taluk, Madurai District.

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The Inspector of Police, Vadipatti Police Station, Vadipatti Taluk, Madurai District.

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- 1 CC TO Mr.K.MUTHUMALAI, ADVOCATE IN SR No. 66200

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- 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 66042

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GCG

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TE/GSV-PM : 21/11/2016 : 3P/10C

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https://hcservices.ecourts.gov.in/hcservices/

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Order made in W.P.[MD].No.1721 of 2015 03.11.2016

P. Maharajan v. the District Collector

Case brief

What is this about?

What did the court decide?

P. Maharajan v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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