Writ petition allowed. Court held respondent cannot insist petitioner get NOC from unknown owner of unmaintained thorny site. Directed respondent to issue license within two weeks.
Direct the first respondent to issue license to the petitioner within two weeks; do not insist on No Objection Certificate from land owner.
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.2355 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.2355 of 2021 and
W.M.P.(MD).Nos.1956 & 1957 of 2021
R.Selvi
... Petitioner
Vs.
Maintenance,
Aruppukottai, Virudhunagar District.
2.The General Manager, Virudhunagar District Cooperative Milk Producers Union Limited, Srivilliputhur, Virudhunagar.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the 1st Respondent in Na.ka.No.216/2020/E.Ni.Va.Tho/dated 18-01-2021 and quash the same in so far condition No.4 therein is concerned and consequently direct the 1st
W.P.(MD)No.2355 of 2021
respondent herein to grant No objection to the petitioner in so far as the proposed shop being temporary shed and harmless for any vehicle or traffic in the Highways is concerned.
For Petitioner : Mr.K.Muthu Ganesa Pandian For R-1 to R-3 : Mr.A.K.Manikkam, Special Government Pleader O R D E R
This Writ Petition has been filed challenging the Condition No.4 in the proceedings of the first respondent dated 18.01.2021 and for a consequential direction to the first respondent to grant no objection to the petitioner to put up a temporary shed and to sell the Aavin milk products.
W.P.(MD)No.2355 of 2021
shed is going to be put up by the petitioner. Aggrieved by the same, the present Writ Petition has been filed before this Court.
W.P.(MD)No.2355 of 2021
stop in the same place and in that place, the petitioner is proposing to put up a temporary shed to do the business. As on today, the so-called vacant place contains thorny bushes and it is not even being maintained by anyone. Therefore, the respondents are anticipating a future problem and denying the license to the petitioner. The petitioner has been running from pillar to post to run the business to eke her livelihood. Therefore, the petitioner cannot be asked to perform an impossible task of finding the owner of the site which is not even being maintained and to get a no objection.
insist the petitioner to get no objection from the owner of the property behind the proposed place where the temporary shed is going to put up by the petitioner. This place was already used in the past as a bus stand and in that place, the temporary shed is going to be put up. Hence, there shall be a direction to the first respondent to issue license to the petitioner in order to enable the petitioner to run the business in the temporary shed. As and when any problem arises in the future, the petitioner can cross the bridge at that time. This process shall be completed by the first respondent within a
W.P.(MD)No.2355 of 2021
period of two (2) weeks from the date of receipt of a copy of this order.
are closed.
17.11.2023
NCC:yes/no Index:yes/no Internet:yes/no tsg
To 1.The Assistant Divisional Engineer, Highways, Construction and Maintenance,
Aruppukottai, Virudhunagar District.
2.The General Manager, Virudhunagar District Cooperative Milk Producers Union Limited, Srivilliputhur, Virudhunagar.
3.The Executive Officer, Mallankinaru Town Panchayat, Virudhunagar District.
W.P.(MD)No.2355 of 2021
N.ANAND VENKATESH, J.
tsg
W .P.(MD)No.2355 of 2021
17.11.2023
2 issues framed by the court
Whether the respondent can insist the petitioner to obtain a No Objection Certificate from the unknown land owner of a vacant thorny site behind the proposed temporary milk shop.
Whether the respondent should be directed to issue a license to the petitioner to run the Aavin milk business in the temporary shed.
1 provisions across 1 enactments
R. Selvi
Assistant Divisional Engineer, Highways, Construction and Maintenance
General Manager, Virudhunagar District Cooperative Milk Producers Union Limited
Executive Officer, Mallankinaru Town Panchayat
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
