1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN W.P.(MD)No.11317 of 2011 A.Jahir Hussan ..Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The Assistant Commissioner of Police (Law & Order), Anna Nagar, Madurai -20. 3.The Commissioner, Corporation of Madurai, Madurai – 2. 4.Mrs.Raliya Banu 5.P.S.Abdul Khader 6.P.Vellaichamy ..Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to remove the unauthorised fish stalls run by the Respondent Nos.5 and 6 at the following places:- (i) Alagar Kovil Road, K.Pudur (in front of EB Office) (ii)Ramnad Road (in front of Nirmala School). For petitioner : Mr.Pala Ramasamy For respondents 1 &2 :Mr.K.Mahendran, Spl.Govt.Pleader. For 3rd respondent : Mr.M.Jothi Basu For respondents 4 to 6 : Notice dispensed with ORDER (Order of the Court was made by R.SUDHAKAR, J) This Writ Petition has been filed by the petitioner in public interest stating that the respondents 5 and 6 are running unauthorised fish stalls at the following places and the same may be ordered to be removed. (i) Alagar Kovil Road, K.Pudur (in front of EB Office) (ii)Ramnad Road (in front of Nirmala School). 2. Heard Mr.Pala Ramasamy, learned counsel for the petitioner, Mr.K.Mahendran, learned Special Government Pleader for R1 and R2 and Mr.M.Jothi Basu, learned counsel for R3. In view of the nature of the order to be passed, notice to the respondents 4 to 6 are dispensed with. https://hcservices.ecourts.gov.in/hcservices/ 2 3. By consent, the writ petition itself is taken up for final disposal. 4. Without going into the merits of the petitioner's claim, the third respondent is directed to look into the complaint and proceed in the matter by due process of law, if so warranted. It is made clear that if any third party's right will be affected by the nature of the relief sought for by the petitioner, the authority shall hear such person to avoid the allegations of violation of principles of natural justice. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal with the matter on its own merit as per law. Accordingly, the Writ Petition is disposed of. No costs. SD ASST REGISTRAR ( Records ) /TRUE COPY/ SUB ASST REGISTRAR To 1.The District Collector, Madurai District, Madurai. 2.The Assistant Commissioner of Police (Law & Order), Anna Nagar, Madurai -20. 3.The Commissioner, Corporation of Madurai, Madurai – 2. 1CC TO MR. R. JOTHIBASU, ADVOCATE,S R: 34406: DM:2011;OCT:18:: W.P.(MD)No.11317 of 2011 30.9.2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/