Dismissed

Paramasivan, v. The District Collector

Madras HC2 Sept 2022WP(MD)/11185/2022

Case brief

AI extract

What is this about?

The petitioner sought a writ directing the Thoothukudi City Municipal Corporation to allot newly constructed shops in Dhobi Khana to washermen. The Court considered the Corporation's affidavit regarding existing facilities and proposals for future allotment via tender. Satisfied by the Corporation's categorical undertaking, the petition was disposed of without further relief.

What did the court decide?

No relief granted. The petition was disposed of by recording the Corporation's stand to allot shops via tender with preference to washermen.

Paramasivan, Vs The District Collector — Property and Title | Madras HC (2022)

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W.P.(MD)No.11185 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.09.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.11185 of 2022 and W.M.P.(MD).No.7994 of 2022

Paramasivan

... Petitioner

1.The District Collector, Thoothukudi District, Thoothukudi.

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2.The Commissioner, Thoothukudi City Municipal Corporation, Thoothukudi.

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3.The Managing Director, Thoothukudi Smart City Limited, Thoothukudi.

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... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to allot the shops (twenty shops) constructed in Dhobi Khana North Palay Road, Thoothukudi to washermen to use it as an ironing shops as per the scheduled plan.

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W.P.(MD)No.11185 of 2022

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For Petitioner : Mr.M.Jothi Basu

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For R-1 : Mr.M.Prakash, Additional Government Pleader.

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For R-2 and R-3 : Mr.N.Anandakumar

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ORDER

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Heard the learned counsel on either side.

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The prayer in the Writ Petition is that the second respondent should

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allot the newly constructed 20 shops in Dobi Khana for the benefit of the washermen.

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When the matter was taken up for hearing, the Corporation had filed a detailed counter affidavit. Paragraph 7 to 9 of the counter affidavit are as

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follows:

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“7. I respectfully submit that the washing zone measuring 3166 Sq.m, Ironing block measuring 438.27 Sq.m and the open drying zone are fully allotted for the benefit of washermen at free of cost and proper water facility and

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W.P.(MD)No.11185 of 2022

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drainage facility to be provided by the Municipal corporation for the benefit of washermen in the Dhobi Khana area and appropriate Over Head Tank, Water Tank, Water Tank Channel has been constructed and an existing well tank is also retained for the benefit of washermen and Toilets are also provided for the benefit of washermen and all the above facilities are proposed to be provided for the benefits of the washermen at free of cost and there by the interests of the washermen community using the existing Dhobi Khana is well protected by the Municipal Corporation.

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8. I respectfully submit that providing and maintaining the facilities of free washing zone, Ironing block with racks and open drying area, water and drainage facilities at free of cost at the end of washermen will incur huge expenses to the Corporation throughout the year and maintenance of parks, Toilets etc.... would also incur huge expenses to the Corporation and it is pertinent to note that the washermen can wash their clothes and dry their clothes and Iron their clothes in the respective areas at no cost.

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9. I respectfully submit that there are 20 shops that have been constructed in a two storeybuilding having ground floor and 1^st floor consisting 10 shops in each of the floor

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W.P.(MD)No.11185 of 2022

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near the administrative block and all the shops will be allotted through public tender following the Tender Transparency Act and preference can be given to the washermen in accordance with the fulfillment of tender conditions and criteria as stipulated in the tender documents, notice and applications”.

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The Standing Counsel also produced a copy of the plan indicating the manner in which the Dobi Khana area is to be developed. One can see therefrom that exclusive open drying zone and soak zones have been earmarked. There is a proposal to construct 3 rooms to enable the washermen to iron their clothes. It is stated that at any given point of time, it can accommodate around 60 persons. It is further stated that the washermen will be allowed to continue their business in the present locations and that they would not be disturbed even in future. Since such a categorical undertaking has been given before me by the Corporation, I do not deem it fit or appropriate to grant any further relief except to record the aforesaid stand of the Corporation.

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W.P.(MD)No.11185 of 2022

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This Writ Petition is disposed of accordingly. No costs. Consequently,

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connected miscellaneous petition stands closed.

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02.09.2022

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Index : Yes / No Internet : Yes/ No Nsr

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1.The District Collector, Thoothukudi District, Thoothukudi.

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2.The Commissioner, Thoothukudi City Municipal Corporation, Thoothukudi.

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3.The Managing Director, Thoothukudi Smart City Limited, Thoothukudi.

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W.P.(MD)No.11185 of 2022

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G.R.SWAMINATHAN, J.

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Nsr

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W.P.(MD)No.11185 of 2022

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02.09.2022

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Paramasivan, v. The District Collector

Case brief

What is this about?

What did the court decide?

Paramasivan, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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