Petitioner sought extension of parking licence or fee refund due to COVID-19 lockdown. Court held State cannot grant case-by-case benefits but must act via policy. Directed Corporation to consider request and issue reasoned order within 30 days.
Respondent directed to consider request for licence extension and issue reasoned order within 30 days.
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.
W.P(MD)No.12795 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2021 CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.12795 of 2021 and
W.M.P(MD).Nos.9949, 9950 and 9951 of 2021
R.Ashok Kumar ... Petitioner
Vs.
1.The Government of Tamil Nadu, Represented by its Secretary, Department of Municipal Administration & Water Supply, Fort.St.George,
Chennai-9.
2.The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalainagar,
Chennai-28.
3.The Corporation of Madurai, Represented by its, The Commissioner, Aringar Anna Maligai, Outpost, Thallakulam, Madurai-625 002.
4.The District Collector, District Collectorate, Madurai,
Madurai District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Mava4/000600/2021 dated 28.05.2021 on the file of the respondent No.3 and quash the same as illegal and consequently direct the respondent No.3 herein to extend the licence period equivalent to the lock down period of 191 days from 25.03.2020 to 01.06.2020, 24.06.2020 to 30.06.2020, 01.07.2020 to 31.07.2020, 01.08.2020 to 06.09.2020, 10.05.2021 to 28.06.2021 in view of COVID-19 pandemic Government total lock down regulations for the Two-Wheeler and Cycle Parking at Arapalayam Bus stand, Madurai or in the alternative to return the proportionate licence fee to the complete lock down period of 191 days from 25.03.2020 to 01.06.2020, 24.06.2020 to 30.06.2020, 01.07.2020 to 31.07.2020, 01.08.2020 to 06.09.2020, 10.05.2021 to 28.06.2021 to the petitioner.
For Petitioner : Mr.T.Lajapathi Roy For R1, R2 and R4 : Mr.K.S.Selva Ganesan,
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W.P(MD)No.12795 of 2021
Counsel for State. For R3 : Mr.P.Athimoola Pandian
ORDER
The petitioner seeks extension of the licence period by 191 days on account of the lock down occasioned by the COVID- 19 pandemic.
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W.P(MD)No.12795 of 2021
receipt of a copy of this order.
Assistant Registrar (CSIII)
// True Copy //
tsg/LM
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Secretary, the Government of Tamil Nadu, Department of Municipal Administration & Water Supply, Fort.St.George, Chennai-9.
2.The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalainagar,Chennai-28.
3.The Commissioner, The Corporation of Madurai, Aringar Anna Maligai, Outpost, Thallakulam, Madurai-625 002.
4.The District Collector, District Collectorate, Madurai, Madurai District.
+1 CC to M/s.SPL GP ( SR-28830[F] dated 13/09/2021 )
+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-28731[F] dated 09/09/2021 )
W.P(MD)No.12795 of 2021 08.09.2021
NSN(CO)
KB(16.09.2021) 3P 7C
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3 issues framed by the court
Whether the petitioner is entitled to an extension of the parking licence or refund of fees due to the COVID-19 lockdown without applying a general policy?
Whether the High Court can grant relief on a case-by-case basis or through a general policy decision to ensure non-discrimination?
Whether the Corporation should reconsider the request for licence extension given the unprecedented nature of the pandemic?
1 provisions across 1 enactments
R. Ashok Kumar
The Government of Tamil Nadu
The Corporation of Madurai
The District Collector, Madurai
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
