Thirupur Municipality Shop Merchants v. State rep. by the Secretary, Municipal Administration & Water Supply
2012-06-22
M.JAICHANDREN
body2012
DigiLaw.ai
JUDGMENT:- 1. This Writ Petition has been filed praying that this court may be pleased to issue a Writ of Mandamus to direct the third respondent, to allot a space of 16x500' on Kamarajar Road, in Tirupur town, coming under the third respondent Corporation, to each and every one of the members of the petitioner association, to put up their shops and to carry on their business. 2. The main contention of the learned counsel appearing on behalf of the petitioner association is that the shops had been located on Kamarajar Salai, Tirupur Town, which had been used by its members to carry on their business. The said shops had been demolished, pursuant to the order, passed by this Court, on 24.02.2010, in W.P.No.3469 of 2010. The shops had been demolished for the purpose of widening of the road. However, the widening of the road had not taken place, as proposed by the respondents, till date. Further, anti-social elements are utilising the vacant space for illegal activities. Therefore, the respondents may be directed to consider the requests made by the members of the petitioner association to put up shops for carrying on their business. 3. A counter affidavit had been filed by the third respondent Corporation, denying the claims made on behalf of the petitioner association. The learned counsel appearing on behalf of the third respondent Corporation had submitted that the area in question had already been handed over to the Highways department for the widening of Kamarajar road, in Tirupur town. 4. The learned counsel appearing on behalf of the High ways department had submitted that steps have been taken for the widening of Kamarajar road, in Tiruppur Town and therefore, there is no scope for considering the requests made on behalf of the members of the petitioner association. In view of the above, this Court does not find it appropriate to direct the respondents to consider the request made by the petitioner association, to permit the members of the said association to locate their shops, in the area concerned. Hence, this writ Petition stands dismissed. No costs. Consequently, connected Miscallaneous Petition is closed.