A writ petition filed to remove a mobile toilet hindering business access was disposed of. The petitioner provided an undertaking not to encroach, directing the municipality to remove the toilet within two weeks.
Direction to the first respondent to remove the mobile toilet within two weeks from receipt of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:09.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
W.P.(MD)No.11801 of 2016 and W.M.P(MD)No.9056 of 2016
V.Rameshkumar
... Petitioner
Vs.
1.The Commissioner, Kumbakonam Municipality,
Kumbakonam – 612 001.
2.The Executive Officer,
Sri Kaasi Vishwanathar Kovil,
Kaasi Vishwanathar Kovil Street,
Kumbakonam,
Thanjavur District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to remove the mobile toilet that has been erected just at the entrance of the petitioner's shop situated at Door No.4/429, Mahamahakulam West Street, Kumbakonam, Tanjore District.
For Petitioner : Mr.T.R.Subramanian For R-1 : Mr.M.Rajarajan,
For R-2 : Mr.V.Chandrasekar
O R D E R
The petitioner seeks for a direction to the first respondent to remove the mobile toilet that has been erected just at the entrance of the petitioner's shop situated at Door No.4/429, Mahamahakulam West Street, Kumbakonam, Tanjore District.
2.The grievance of the petitioner is that the said mobile toilet put up during 'mahamaham festival' temporarily, has not been removed even after the festival is over, whereby causing hindrance to the petitioner to have ingress and egress to his shop.
2
that the petitioner is not having any intention to encroach upon the property available in front of the petitioner's shop and he would give an undertaking affidavit to that effect.
the petitioner, wherein it is stated as follows:
With the above direction, this Writ Petition is disposed of. No Costs.
Sd/
Assistant Registrar(T&P)
/True Copy/
Sub Assistant Registrar.
To
The Commissioner, Kumbakonam Municipality, Kumbakonam – 612 001.
+1CC to M/S.M.Rajarajan, Advocate, SR.No. 1673 +1CC to M/S.T.R.Subramanian, Advocate, SR.No. 1405
W.P.(MD)No.11801 of 2016 09.01.2017
pm
AM/SS2/SAR-1/11.01.2017/2P/4C
2 issues framed by the court
Whether the first respondent should be directed to remove the mobile toilet erected at the petitioner's shop entrance.
Whether the petitioner can be allowed to enter an undertaking not to encroach the property fore.
1 provisions across 1 enactments
V. Rameshkumar
The Commissioner, Kumbakonam Municipality
The Executive Officer, Sri Kaasi Vishwanathar Kovil
K. Ravichandrabaabu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
