BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16/12/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P.(MD)No.11577 of 2008 A.Selvaraj ... Petitioner Vs. 1.The District Collector, Theni District, Theni. 2.The Commissioner, Periyakulam Municipality, Periyakulam. 3.The Deputy Superintendent of Police, Periyakulam. ... Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to announce the Vaigai Anai road that's supermarket to Union Banks areas as a No Parking Areas and remove all the lorries, mini lorries from that place. !For Petitioner ... Mr.M.A.Abdul Wahab ^For Respondents ... Mr.R.Janakiramulu Spl. Government Pleader :ORDER
This writ petition has been filed to direct the respondents to announce
the Vaigai Anai road i.e. supermarket to Union Banks areas as a No Parking Areas
and remove all the lorries, mini lorries from that place.
2. Heard Mr.M.A.Abdul Wahab, learned counsel for the petitioner and also
Mr.R.Janakiramulu, learned Special Government Pleader, who took notice on behalf
of the respondents.
3. The epitome of the grievance of the petitioner as aired by the learned
counsel for the petitioner placing reliance on the averments in the affidavit
accompanying the writ petition as well as from the representation made by the
learned counsel for the petitioner could be set out thus:
4. The petitioner is an Advocate by profession, having his office at 1-3-
81, Vaigai Anai Road, Thenkarai, Periayakulam. In the concerned road, the
lorries and vans are parked indiscriminately so as to obstruct the ingress and
egress to the Advocate’s office and it is not only the Advocate, who is
suffering, but the residents of the locality are put to untold misery and
sufferings. Understanding the sufferings and miseries of the public, the
Periyakulam Municipality passed a resolution and communicated it to the third
respondent viz., the Deputy Superintendent of Police, Periyakulam, but there is
no response. Hence, this writ petition.
5. Heard the learned Special Government Pleader.
6. The learned counsel for the petitioner at the time of arguing the
matter showed three photos to highlight as how the residents of the locality are
put to inconvenience.
7. I could see a prima facie case that the lorries are found parked an
indiscriminant manner causing nuisance to the inhabitants of that locality and
necessarily, the third respondent viz., the Deputy Superintendent of Police,
Periyakulam is bound to take suitable action in this regard. Hence, the
following direction is issued:
On receipt of a copy of this order, after giving due opportunity of being
heard to the petitioner, the third respondent shall do well to see that the
parking in that locality is regulated by whatever legal means within a period of
fifteen days.
8. With the above said direction, this writ petition is disposed of. No
costs.
dp/smn
To
1.The District Collector,
Theni District,
Theni.
2.The Commissioner,
Periyakulam Municipality,
Periyakulam.
3.The Deputy Superintendent of Police,
Periyakulam.