The High Court disposed of a writ petition challenging the proposed construction of a bus shelter alleged to harm the petitioner's business. Accepting an undertaking from the respondents regarding distance and design non-impediment, the court permitted construction.
Petition disposed of; construction activities permitted to commence; no costs.
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.206 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.206 of 2021 and W.M.P.(MD)No.166 of 2021
Ramu : Petitioner Vs. 1.The District Collector, Sivagangai Collector Office, Sivagangai District – 630 562. 2.The Project Director, District Rural Development Agency, Collector Campus, Sivagangai District – 630 562. 3.The Block Development Officer, Block Development Office, Manamadurai- 630 606. 4.The Superintendent of Police, Superintendent of Police Office, Sivagangai District – 630 562. 5.The Inspector of Police, Manamadurai Police Station, Sivagangai District- 630 606. 6.Natarajan : Respondents
PRAYER :- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the concern respondent to forbear for try to construct a bus stop Shelter before the petitioner's shops in closed with prevent of functioning of shops manner also with petitioner's private purchased land by the 6th respondent based on the representation on 02.01.2021 and consequential direction to take legal action as per law within a stipulated time that may be fixed by this Court.
For Petitioner :Mr.R.Senthilkumar For R1, R4 and R5 :Mr.C.Ramar Additional Government Pleader
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For R3 :Mr.J.Gunaseelan Muthiah Additional Government Pleader ****
ORDER
Heard the learned Counsel appearing on either side. With their consent, the Writ Petition is taken up for final disposal.
2.The petitioner has put up three shops in Kattikulam Village. The grievance of the petitioner is that due to political motives, the respondents are putting up a bus shelter right in front of her shops, so as to ruin her livelihood and business.
3.Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for respondent 1, 4 and 5 would submit that the bus shelter will be put up at a distance of clearly 10 feet away from the petitioner's shops. He also given a further undertaking that the bus shelter will not have any enclosing wall. It will be only a functional bus shelter in the sense and it will have pillars, flooring and roof and of-course, some sitting arrangements also. The construction will be put up in such a way, as not to affect the ingress and access of the petitioner's shops.
4.Recording the undertaking given by the official respondents, the Writ Petition is disposed of. This Court permits the construction activities to commence. No costs. Consequently, connected miscellaneous petition is closed.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
cmr
To
1.The District Collector, Sivagangai Collector Office, Sivagangai District – 630 562.
2.The Project Director, District Rural Development Agency, Collector Campus, Sivagangai District – 630 562. https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.206 of 2021
3.The Block Development Officer, Block Development Office, Manamadurai- 630 606. 4.The Superintendent of Police, Superintendent of Police Office, Sivagangai District – 630 562. 5.The Inspector of Police, Manamadurai Police Station, Sivagangai District- 630 606. +1 CC to M/s.GP ( SR-3479[F] dated 05/02/2021 ) W.P.(MD)No.206 of 2021 04.02.2021
SE(CO) KK(15.02.2021) 3P 7C
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2 issues framed by the court
Whether to grant a stay on the construction of a bus shelter alleged to impede the petitioner's trade.
Whether the undertaking given by respondents to maintain distance and not build enclosing walls is sufficient to dispose the petition.
Ramu
The District Collector, Sivagangai
The Project Director, District Rural Development Agency
The Block Development Officer, Manamadurai
The Superintendent of Police, Sivagangai
The Inspector of Police, Manamadurai
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
