Writ petition under Article 226 dismissed: petitioner's expired license for petty shop on Highways land conferred no vested right; mandamus not available to compel authorities to allow encroachment or provide electricity connection.
None ¶¶39
The petitioner has no vested right to occupy Highways land as her license expired and was not renewed; therefore the writ petition is not entertainable. ¶¶37-¶39
W.P.(MD)No.5407 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.03.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
W.P.(MD)No.5407 of 2025
Esakkiammal
... Petitioner
vs.
... Respondents
(R4 is impleaded vide Court order dated 28.02.2025 in W.P(MD).No. 5407 of 2025 by VLNJ)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent
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W.P.(MD)No.5407 of 2025
to allow the petitioner to put up the petty shop and consequently direct the third respondent to provide electricity connection to the petty shop of the petitioner on the basis of the petitioner's representation dated 12.12.2024.
For Petitioner : Mr.M.Sankar
For Respondents : Mr.S.Shaji Bino (for R1 & R4) Special Government Pleader Mr.A.Sivanu Pandian(for R2) Mr.S.Deena Dhayalan Standing Counsel (for R3)
O R D E R
The petitioner seeks mandamus to direct the second respondent to allow her to put up a petty shop and run the same. The petitioner states that she was running a petty shop on the National Highways. She had obtained license for one year between 18.12.2012 to 17.12.2013. Subsequently, the license was not renewed.
4100 of 2014. That writ petition came to be disposed of permitting the petitioner to file an application seeking renewal. It is on record that no fresh license to continue occupying the Highways land was given by the second respondent.
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and taking care of her aged husband and since she is a physically challenged women, she would be entitled for a mandamus.
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land and as her license got expired, I do not find any reason to entertain
this writ petition. Hence, this Writ Petition stands dismissed. No costs.
Index :Yes / No NCC :Yes / No Rmk
03.03.2025
To
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W.P.(MD)No.5407 of 2025
V. LAKSHMINARAYANAN, J.
Rmk
W.P.(MD)No.5407 of 2025
03.03.2025
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2 issues framed by the court
Whether the petitioner has a right to put up a petty shop on Highways land after her license expired and was not renewed¶¶24-¶26
Whether a writ of mandamus should issue directing the respondents to allow the shop and provide electricity connection given the petitioner's physical disability and family circumstances¶¶30-¶31
1 provisions across 1 enactments
How this case reached the court
Petitioner seeks mandamus to direct second respondent to allow petty shop and third respondent to provide electricity connection based on representation dated 12.12.2024¶¶16-¶20
Madurai Bench of Madras High Court · 03.03.2025
Earlier writ petition W.P.(MD)No. 4100 of 2014 disposed of permitting petitioner to file application seeking renewal; no fresh license granted¶¶25-¶26
The Municipal Commissioner, Tirunelveli Municipal Corporation, Tirunelveli District¶¶11
A. Sivanu Pandian
The Superintending Engineer (Power Distribution), Maharaja Nagar (Po), Thiyagarajanagar, Tirunelveli¶¶12
S. Deena Dhayalan
The Divisional Engineer (Construction and Maintenance), Highways Department, Palayamkottai, Tirunelveli District¶¶13-¶15
S. Shaji Bino
V. Lakshminarayananauthor¶¶5
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
