CHENGUTTUVAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) PETITIONER has filed this Writ Petition seeking for a direction to direct the 1st respondent to consider his representation of the petitioner dated 25.6.2012 and 3.7.2012 and for continuing the petitioner's small petty shop in Highways Road at Mela Chinnampatti, Vadipatti, Madurai, and consequently, for a direction not to remove the petitioner's petty shop without due process of law.

(2.) PETITIONER is running a small petty shop at Mela Chinnampatti, Vadipatti, Madurai. According to the petitioner, he is running the said petty shop for eking out his livelihood and the said shop has been there for more than 50 years. By the notice dated 19.6.2012, the third respondent called upon the petitioner to remove the encroachment. According to the petitioner, he and his wife appeared before the third respondent on 21.6.2012 and made their representation. Further, case of the petitioner is that he made a representation to the first respondent on 25.6.2012 requesting the District Collector to consider his representation to enable him to continue the small petty shop in Highways in Mela Chinnampatti, Vadipatti, Madurai. Since the representation has not been considered, the petitioner has filed the Writ Petition.

(3.) EARLIER , by the order dated 6.7.2012, we have directed the respondents to find out whether the petitioner's petty shop can be re-located elsewhere. The Tahsildar, Vadipatti has sent report to the Additional Government Pleader in Na.Ka.M3/9754/12 dated 25.7.2012. In the said report, the Tahsildar has stated that the petitioner is running a petty shop for about 50 years from the time of his father and that the petty shop is having electricity connection in S.C.No.899 in the name of his mother, Ammapillai. In the report, the Tahsildar has stated that no other alternative place can be allotted to the petitioner for relocating his petty shop. Report of the Tahsildar in Na.Ka.No.M3/9754/12 dated 25.7.2012 reads as under:-