IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.04.2011
CORAM
THE HONOURABLE MR. JUSTICE R. SUDHAKAR
W.P.No.11737 OF 2011
and
M.P.Nos.1 & 2 of 2011
1.A.Sathiqbasha
2.A.Kalisha
3.P.Latheef
4.S.Syed Moosa
5.J.Saffiullah
6.J.Raffi
7.D.Kasthuri
8.A.Santha
9.R.Sarasu
10.S.Kullarasu
11.S.Pawn
12.Mrs.Kadumbadi
13.L.Anjalakshmi
14.K.Anjali
15.A.Anjali
16.K.Vijaya
17.K.Poondi Ammal
18.C.Bhuvaneswari
19.Dhanalakshmi
20.Santhakumari
21.Muniammal
22.S.Selvi
23.N.Anjali
24.Pawn
25.Thamizh
26.M.Sumathi
27.N.Mary
28.M.Senthamarai
29.Kalyani ... Petitioners
..Vs..
1.The Collector,
Kancheepuram District,
Kancheepuram.
2.The Chairman,
Maduranthagam Municipalaity,
G.S.T. Road, Maduranthagam,
Kancheepuram District.
3.M.C.Sekar
4.B.Malayan ... Respondents
Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to collect goat/sheep slaughter charges and fish hawking charges on par with other Panchayat and Municipalities from petitioners for hawking at Maduranthagam Municipal Meat and Fish Market, Parthasarathy Street, Maduranthagam and further direct the Respondents 1 and 2 to initiate penal action against respondents 3 and 4, based on the representation of the petitioners dated 14.04.2011, 19.04.2011 and 21.04.2011.
For Petitioner: : Mr.D.Abdullah
For Respondents: : Mr.S.Shiva Shanmugam
Government Advocate for
R1 and 2.
ORDER
This writ petition is filed to direct respondents 1 to 4 to collect goat/sheep slaughter charges and fish hawking charges on par with other Panchayat and Municipalities from petitioners for hawking at Maduranthagam Municipal Meat and Fish Market, Parthasarathy Street, Maduranthagam and further direct the Respondents 1 and 2 to initiate penal action against respondents 3 and 4, based on the representation of the petitioners dated 14.04.2011, 19.04.2011 and 21.04.2011.
2. The petitioners claim to be the vendors of meat and also engaged in fish mongering. According to the petitioner, the respondents 3 and 4 acting as the agent of the second respondent, are collecting higher amounts towards goat slaughter charges and fish vending charges. The amount collected by them is much higher than the receipts issued. The amount collected is not commensurate with the nature of business, when compare to charges levied by other Municipalities. The charges collected from the petitioners are exorbitant and it affects the petitioners livelihood. The petitioners further alleged that while demanding such higher amount proper receipt is not issued. The petitioners have given the representations to the 2nd respondent viz., the Chairman, Maduranthagam Municipality on 14.04.2011, 19.04.2011 and 21.04.2011. According to the petitioner, the District Collector has also been addressed of their grievance. So far, no action has been taken on the representation given by the petitioners and hence the petitioners have approached this Court.
3. Heard Mr.S.Shivashanmugam, learned Government Advocate appearing for the respondents 1 and 2. Notice to the respondents 3 and 4 is dispensed with in view of the nature of order to be passed.
4. The plea of the petitioners at the out set cannot be considered by this Court, unless all the respondents are put on notice. However, in order to redress the grievance of the petitioners as pleaded by the learned counsel appearing for the petitioners, the District Collector, Kancheepuram District viz., the first respondent herein and the Chairman, Maduranthagam Municipality viz., the second respondent herein are directed to consider the representation of the petitioners dated 14.04.2011, 19.04.2011 and 21.04.2011 on merits and in accordance with law within a period of 10 days from the date of receipt of a copy of this order. The representative of the petitioners will also entitled to approach the District Collector, Kancheepuram and the Chairman, Maduranthagam Municipality as the case may be to ventilate their grievance based on material that may be available with them. The District Collector, Kancheepuram and the Chairman, Maduranthagam Municipality will consider the claim of the petitioners on all the above aspects and also for the further plea for running their business if there is no impediment in law.
5. With the above observations, the writ petition is disposed of. No costs. Consequently, connected M.Ps. are closed.
28.04.2011
rrg
Index: yes/No
Internet: Yes/No
To
1.The Collector,
Kancheepuram District,
Kancheepuram.
2.The Chairman,
Maduranthagam Municipalaity,
G.S.T. Road, Maduranthagam,
Kancheepuram District.
R. SUDHAKAR,J.,
rrg
WP No.11737 of 2011
Date: 28.04.2011