Disposed

Paramakudi Palani Murugan Auto Drivers v. The District Collector

Madras HC12 Sept 2023WP(MD)/12609/2022

Case brief

AI extract

What is this about?

The Madras High Court disposed of a writ petition seeking direction to allow auto drivers to park at a specific spot. The Court held parking is not a matter of right, ordered the Municipality to allot another place within six weeks upon hearing all parties, if not on a highway; otherwise, refer to the Highways Department.

What did the court decide?

Ordered the fourth respondent to allot a new parking place within six weeks after notice to all parties or refer to the Highways Department if the place is on a highway road.

Paramakudi Palani Murugan Auto Drivers Vs The… — Environment and Pollution | Madras HC (2023)

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WP(MD)No.12609 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.09.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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WP(MD)No.12609 of 2022

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Paramakudi Palani Murugan Auto Drivers and Owners Welfare Association, Rep. by its Secretary R.Sathish Kumar

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... Petitioner

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1.The District Collector, Ramanathapuram District, Ramanathapuram.

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2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

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3.The Tahsildar, Paramakudi,

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Ramanathapuram District.

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4.The Municipal Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

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1/6

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https://www.mhc.tn.gov.in/judis

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WP(MD)No.12609 of 2022

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5.The Superintendent of Police, Paramakudi, Ramanathapuram District.

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6.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

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7.Murugan

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... Respondents

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[R.7 impleaded vide order dated 11.08.2022]

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Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to forbear the respondents 2 to 4, 6 from their illegal act of restraining the petitioner's association members from parking the Auto at opposite to Kathir Sweets, Sunnambukara Street, Paramakudi, where they were allotted to park the Auto and consequently, permit the members of the petitioner's association to park the Auto continuously at the said place, based on the petitioner's representation dated 09.06.2022.

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https://www.mhc.tn.gov.in/judis

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WP(MD)No.12609 of 2022

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For Petitioner : Mr.M.Subash Babu, Senior Counsel Assisted by Mr.K.Sathish Kumar

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For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader for R.1 to R.3

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Mr.M.Kannan for R.4

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Mr.P.Kottaichamy, Government Advocate (Crl. Side) for R.5, R.6

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Mr.D.Balamurugapandi for R.7

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ORDER

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The petitioner, Auto Drivers and Owners Association, has filed this writ

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petition for a mandamus directing the first respondent / District Collector to forbear the respondents 2 to 4 & 6 from restraining the members of the petitioner Association from parking their vehicles opposite to Kathir Sweets, Sunnambukara Street, Paramakudi.

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https://www.mhc.tn.gov.in/judis

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WP(MD)No.12609 of 2022

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2.Learned Senior Counsel appearing for the petitioner Association

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claim that they have been authorized and permitted by the official respondents to park their vehicles in front of Kathir Sweets, Sunnambukara Street, Paramakudi. However, at the instance of the shop owners Association, the official respondents are now preventing them from parking their vehicles.

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3.Learned Government Advocate (Crl. Side), on instructions, submitted

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that based on the petitioner's representation, he was called upon for enquiry, however, the petitioner has refused to appear for the enquiry before the Inspector of Police.

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4.Heard the learned Counsel appearing for the respective parties.

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5.The petitioner / Auto Drivers and Owners Association cannot claim it

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as a matter of right that they can park their vehicles in the road margin, in front of some shops. No doubt, they are having right of livelihood. Similarly, the Shop Owners are also having a right of livelihood.

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https://www.mhc.tn.gov.in/judis

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WP(MD)No.12609 of 2022

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6.The fourth respondent / Municipality shall allot some other undisputed place for the parking of the vehicles by the petitioner Association, on payment basis, after ascertaining from the concerned Inspector of Police as to whether it would cause any inconvenience to the traffic flow in that area. Such a decision shall be taken, after providing an opportunity of hearing to the petitioner Association, the Shop Owners Association, within a period of six weeks from the date of receipt of a copy of this order.

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7.If the place so identified for parking comes in a Highway Road, then the authority for consideration is the Highways Department and not the fourth respondent Municipality. Therefore, such decision shall be taken by the Highways Department.

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Accordingly, this writ petition stands disposed of. No costs.

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Index : Yes / No 12.09.2023 NCC : Yes / No gk 5/6

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https://www.mhc.tn.gov.in/judis

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WP(MD)No.12609 of 2022

B.PUGALENDHI, J.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

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2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

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3.The Tahsildar, Paramakudi, Ramanathapuram District.

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4.The Municipal Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

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5.The Superintendent of Police, Paramakudi, Ramanathapuram District.

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6.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

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WP(MD)No.12609 of 2022

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12.09.2023

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6/6

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https://www.mhc.tn.gov.in/judis

Paramakudi Palani Murugan Auto Drivers v. The District Collector

Case brief

What is this about?

What did the court decide?

Paramakudi Palani Murugan Auto Drivers 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

Coram

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