Madras High Court
A.Lalitha vs The Commissioner Of Police on 3 December, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P(MD)No.11869 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.12.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.11869 of 2019
A.Lalitha ... Petitioner
Vs
1.The Commissioner of Police,
Madurai City, Madurai – 2.
2.The Commissioner,
Madurai Corporation,
Madurai – 2.
3.The Assistant Commissioner (Revenue),
Madurai Corporation, Madurai – 2.
4.The General Manager,
Aavin, A-1301, The Madurai District
Co-operative Milk Producers' Union Limited,
Sivagangai Main Road,
Sathamangalam,
Madurai – 625 020. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the
order of the third respondent in proceeding No.Ma.Va.2/02251/19
dated 14.03.2019 and quash the same for petitioner only as illegal
and consequently directing the 1st and 3rd respondents to grant
permission to order the petitioner to run Aavin Milk parlour at the
near and entrance of Government Rajaji Hospital, Madurai as per
the first respondent's order dated 20.11.2017 and 06.03.2019.
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.11869 of 2019
For Petitioner : Mr.A.Jeyaram
For R – 1 : Ms.M.Aasha
Government Advocate (Criminal Side)
For RR 2 & 3 : Mr.P.Sivabalan
For R – 4 : Mr.K.Prabhu
ORDER
This Writ Petition has been filed by the petitioner challenging the order passed by the third respondent dated 14.03.2019 thereby rejecting the request made by the petitioner seeking permission to run the Aavin Parlour booth inside the campus of the Rajaji Government Hospital, Madurai on the ground that the fourth respondent is in arrears of rent to the tune of Rs. 2,13,51,879/- for the Aavin parlours.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The petitioner was granted a licence to run Aavin milk parlour at the entrance of the Government Rajaji Hospital, Madurai by the first respondent. Therefore, the petitioner requested the second respondent seeking permission to run Aavin Milk Parlour at https://www.mhc.tn.gov.in/judis 2/6 W.P(MD)No.11869 of 2019 the Government Rajaji Hospital, Madurai. It was rejected by the third respondent on the ground that there are rental arrears from the fourth respondent. That apart, the petitioner has given permission to run a Aavin Milk Parlour booth in the Siva Shanmugalai Street, Vaithiyanatha Iyer Street junction in which there is traffic congestion and also it would cause disturbance to the general public.
4.The learned counsel appearing for the petitioner would submit that though the petitioner was granted a licence to run a Aavin Milk parlour, the petitioner was not allotted any place to run the Aavin Milk parlour.
5.On perusal of the order passed by the third respondent this Court finds no infirmity or illegality since the fourth respondent is in arrears of rent to the tune of Rs.2,13,51,879/- and the place which was allotted in favour of the petitioner to run Aavin Milk Parlour would cause disturbance to the public and transport. Therefore, this Court finds no infirmity or illegality in the order passed by the third respondent, dated 14.03.2019 Hence, this Writ Petition is devoid of merits and the same is liable to be dismissed. https://www.mhc.tn.gov.in/judis 3/6 W.P(MD)No.11869 of 2019
6.Accordingly, this Writ Petition is dismissed. However, the petitioner is at liberty to seek permission from the second respondent for an alternative place. On receipt of the said request, the third respondent is directed to consider the same and pass orders within a period of two weeks thereafter. There shall be no order as to costs.
03.12.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
https://www.mhc.tn.gov.in/judis 4/6 W.P(MD)No.11869 of 2019 To
1.The Commissioner of Police, Madurai City, Madurai – 2.
2.The Commissioner, Madurai Corporation, Madurai – 2.
3.The Assistant Commissioner (Revenue), Madurai Corporation, Madurai – 2.
4.The General Manager, Aavin, A-1301, The Madurai District Co-operative Milk Producers' Union Limited, Sivagangai Main Road, Sathamangalam, Madurai – 625 020.
https://www.mhc.tn.gov.in/judis 5/6 W.P(MD)No.11869 of 2019 G.K.ILANTHIRAIYAN, J.
ps Order made in W.P(MD)No.11869 of 2019 03.12.2024 https://www.mhc.tn.gov.in/judis 6/6