The High Court dismissed a writ petition challenging the non-shifting of transport companies from a temple street. The court held that grievances did not subsist as the corporation had sealed the shops following notices and lack of trade licenses.
The writ petition was dismissed as infructuous. No order as to 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.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE THIRD DAY OF JULY TWO THOUSAND AND NINE
PRESENT
THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 703 of 2009
Between:
B.V.Ratnam Naidu, S/o.Venkatappa R/o.7-1-8A, R.N.Mada Street, Tirupati, Chittoor District.
..... PETITIONER
AND
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ in the nature of a Writ of Mandamus or any other appropriate Writ, Direction order or orders declaring the action on the part of Respondent No.1 to 3 in not shifting the Transport Companies of the Respondent No.4 to 7 from the Kodanda Rama Swamy Four Mada Streets, Tirupati as arbitrary, illegal and void and consequently direct the
Respondents No. 1 to 3 to take immediate steps to stop the Transport Business of Respondents No. 4 to 7 in the Kodanda Rama Swamy Four Mada Street, Tirupati and pass such other and further orders as this Hon'ble Court deem fit and proper in the circumstances of the case.
Counsel for the Petitioner:MR.G.SUDHEER
Counsel for the Respondent No.: MR.S.I.NEWTON
The Court made the following :
ORAL ORDER:
The grievance in this writ petition is that the respondents 1 to 3 have failed to shift the transport companies of the respondents 4 to 7 from the Kodanda Ramaswamy Four Mada Street, Tirupathi.
A counter affidavit is filed by the 1st respondent stating that after issuance of notices to the respondent transport companies, three transport companies have closed and shifted their shops from Four Mada Street; the respondent Corporation did not issue trade licenses to the respondents transport companies for the last two years and after coming to know of their pursuing business with an understanding with local people, the shops of the respondents 4 to 7 were closed and sealed on 25.6.2009. The 1st respondent states that the said respondent will not issue trade licenses to other businessmen as well, who are causing inconvenience to the pilgrims visiting Sri Kodanda Rama Swamy Temple.
In view of the averments in the counter, the grievance of the petitioner does not subsist. The writ petition is accordingly dismissed as infructuous. No order as to costs.
____________________
GODA RAGHURAM,J 3.7.2009. KRB.
THE HON’BLE SRI JUSTICE GODA RAGHURAM
WRIT PETITION No. 703 of 2009
Dated: 3.7.2009.
1 issue framed by the court
Whether the High Court should issue a writ of Mandamus directing the Municipal Corporation to shift transport companies from the temple street due to alleged arbitrariness.
1 provisions across 1 enactments
B.V.Ratnam Naidu
Tirupathi Municipal Corporation
Tirupathi Tirumala Devasthanams
Inspector of Police (Traffic), Tirupathi
Sri. Ch.Suryanarayana
Sri. B.Rama Chandra Naidu
GODARAGHURAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
