Madras High Court
Rajeswari Ayyamuthu vs V.Sivakumar on 24 August, 2023
W.A.No.2202 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.2202 of 2023
Rajeswari Ayyamuthu,
Partner, M/s.Raj Gas Agency,
24-C, C.K.K.Nagar,
Gobichettipalayam,
Erode District. .. Appellant
Vs
1.V.Sivakumar,
representing on behalf of
C.K.K. Nagar Residents Association,
23A, Sathy Road, C.K.K. Nagar,
Gobichettipalayam-638 452.
2.The District Collector,
O/o. The District Collector, Erode,
Erode District.
3.The Commissioner,
Gobichettipalayam Municipality,
Gobichettipalayam,
Erode District.
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W.A.No.2202 of 2023
4.The Revenue Divisional Officer,
O/o. Revenue Divisional Officer,
Gobichettipalayam,
Erode District.
5.The Territory Manager,
Bharat Petroleum Corporation Limited,
Post Box No.1644, Peelamedu,
Coimbatore-641 004. .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the order
dated 25.11.2022 passed by the learned Single Judge in
W.P.No.35424 of 2015.
For the Appellant : Mr.N.Manokaran
For the Respondents : Mr.P.Muthukumar
State Government Pleader
for respondents 2 and 4
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.N.Manokaran, learned counsel for the
appellant, and Mr.P.Muthukumar, learned State Government
Pleader for respondents 2 and 4.
2. The present first respondent had filed a writ petition
bearing No.35424 of 2015 before the learned Single Judge
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W.A.No.2202 of 2023
challenging the order dated 19.12.2012 passed by the Revenue
Divisional Officer directing removal of fencing over an area of the
park.
3. The learned Single Judge, under order dated 25.11.2022,
set aside the said order and further gave liberty to the original writ
petitioner to make further representation to the Commissioner of
Municipality regarding the nuisance that is caused by the fifth
respondent therein, i.e., the present appellant.
4. Learned counsel for the appellant submits that the earlier
objection raised by the original writ petitioner was already rejected.
The same is not challenged by him. The objection was already
enquired into and, as such, fresh enquiry would not be necessary,
nor is contemplated.
5. As far as the order directing removal of fencing over the
park is concerned, the appellant should not be aggrieved thereby.
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W.A.No.2202 of 2023
6. Learned counsel for the appellant has submitted that the
appellant is not using the park for her business purpose. The
business carried out by the appellant is permitted as per the
regulations and all necessary licences and no-objections have been
obtained.
7. The learned Single Judge in the impugned order has only
given liberty to the original writ petitioner to make further
representation to Commissioner of Municipality regarding the
nuisance that is caused by the appellant herein. The third
respondent, i.e., the Commissioner, would be entitled to enquire
into the matter. The learned Single Judge has not issued directions
against the present appellant in whatsoever manner. Naturally, if
any complaint is entertained, the authority will have to look into the
provisions of the statute, regulations and will also have to consider
the stand of the present appellant before passing any order. The
learned Single Judge has not arrived at any finding about the
business carried out by the present appellant.
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W.A.No.2202 of 2023
8. In view of the fact that no directions are given with regard
to the business of the present appellant and as the third respondent
will have to consider the stand of the parties before taking any
action, we do not find any reason to interfere with the order passed
by the learned Single Judge.
The writ appeal, as such, stands disposed of. There will be no
order as to costs. Consequently, C.M.P.No.19074 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
24.08.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
To
1.The District Collector,
O/o. The District Collector, Erode,
Erode District.
2.The Revenue Divisional Officer,
O/o. Revenue Divisional Officer,
Gobichettipalayam,
Erode District.
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W.A.No.2202 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.A.No.2202 of 2023
24.08.2023
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