Madras High Court
G.K.Kannan vs The Joint Commissioner on 8 July, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD).No.18466 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P(MD) No.18466 of 2025
and
W.M.P(MD) No.14162 of 2025
G.K.Kannan ... Petitioner
Vs.
The Joint Commissioner,
Madurai Corporation,
Madurai. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records of the impugned notice in A3/3606/2025 dated 01.07.2025 issued by the
Respondent and quash the same as illegal and further directing the respondent
to provide and alternate site to run petitioner's petty shop near Anjaneyar Kovil,
Thiruvalluvar Colony 2nd Street, Madurai.
For Petitioner : Mr.A.Jayaramachandran
For Respondent : M/s.S.Devasena
Standing Counsel
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W.P.(MD).No.18466 of 2025
ORDER
This Writ Petition has been filed by the petitioner challenging the impugned communication, dated 01.07.2025 issued by the respondent / Joint Commissioner, wherein the petitioner has requested for alternative shop, pursuant to the order passed by this Court on 26.03.2025 in W.P(MD) No.8434 of 2025, however, the same has been rejected vide proceedings dated 01.07.2025, which is extreacted here under:
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2. The learned counsel for the respondent on the other hand would submit that the petitioner’s license for running a petty shop was not renewed and it was expired on 2012 and no rent has been collected from the petitioner from July, 2023.
3. Further, it is submitted by the learned Standing Counsel appeared on behalf of ther respondent that since the shop of the petitioner was causing hindrance to the public and public transport near Maatuthavani Bus Stand, it was removed, pursuant to the direction issued by this Court in W.P(MD) No. 11536 of 2019, dated 20.06.2025.
4. The learned Standing Counsel for the respondent would submit that incidentally another order was also passed in W.P(MD) Nos.4339 and 12188 of 2019, 2349 of 2021 and 6634 of 2022 in a batch of Writ Petitions filed by A.Radhakrishnan, M.Chandrabose, C.Mathew Raj and C.Sivakumar by common order, dated 30.06.2025 is reproduced below:
2.The common grievance raised is that unauthorized stalls and bunk shops have been put up, obstructing the free flow of traffic and causing inconvenience to the road users. The footpaths have been 3/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 05:34:33 pm ) W.P.(MD).No.18466 of 2025 completely encroached upon thereby causing a risk of accidents in the locality. Therefore, the Writ Petitions have been instituted seeking the removal of such encroachments to ensure the free flow of traffic and to use the road freely by the road users.
3.In view of the fact that the footpaths are also encroached upon and considering the fact that these encroachments are causing not only a public nuisance but resulting in accidents in public roads, the concerned authorities are directed to remove all such encroachments with the assistance of the Police. The eligible encroachers, after eviction, are at liberty to submit applications to the Corporation Vending Committee, who in turn shall consider their cases to accommodate them in the earmarked vending zones, subject to eligibility, availability and other requirements. The encroachments are directed to be removed within a period of twelve weeks from the date of receipt of a copy of this order.
5. It is further submitted that even yesterday (ie:07.07.2025) also similar order came to be passed by this Court in W.P(MD) No.3502 of 2019, wherein similar direction was issued.
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6. I have considered the arguments advanced by the learned counsel for the petitioner and the learned counsel for the respondent, rejecting the request of the petitioner asking the petitioner to remove the shop, which is put up in alternative site pursuant to the order passed earlier in 2017 as a temporary measure, cannot be questioned as admittedly even according to the petitioner, the shop is causing hindrance to the public and the public transportation in Maatuthavani Bus Stand in Madurai.
7. However, considering the fact that the petitioner is having a licensed shop opposite to Uzhavar Sandhai, PNT Street, Madurai from 21.05.2012 and the petitioner was subsequently accommodated on temporary basis in Maatuthavani, I am of the view that duty it cast on the part of the respondent to find a location, where the petitioner can carry on his avocation by putting up a tea shop. It would be unfair to drive the petitioner to a fresh auction, that too at a unspecified time in future. Since new shops have to be put up, it is open to the petitioner to apply for participation in the tender that may be floated at a future point of time. During interregnum, the petitioner may be allowed to put up a shop on corporation land without causing hindrance to the public and public transportation as a temporary measure.
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8. It is also open for the petitioner to apply for accommodation as per provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
9. The respondent is therefore directed to identify a suitable alternate location for the petitioner to continue with his avocation for putting up tea shop during interregnum. The petitioner shall vacate the shop from the present location within a period of 10 days from the date of receipt of copy of this order. The petitioner shall pay the usage charges from 2023 to till date of vacation, thereafter also pay future rent as may be prescribed.
10. With the above said direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
08.07.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Indu
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W.P.(MD).No.18466 of 2025
To
The Joint Commissioner,
Madurai Corporation,
Madurai.
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W.P.(MD).No.18466 of 2025
C.SARAVANAN, J.
Indu
W.P(MD).No.18466 of 2025
08.07.2025
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