IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 5.3.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.4549 of 2010 and M.P.Nos.1 and 2 of 2010 Kalaignar Karunanidhi Nagar Welfare Association, Reg.No.121/97, represented by Secretary, I.Chelladurai, S/o Iyyamperumal, No.1, Kurinchi Street, K.K. Nagar, Srinivasan Nagar P.O., Chennai-63. Petitioner -Vs.- 1.The Peerkankarani Town Panchayat, represented by its Executive Officer, Chennai-63. 2.The District Collector, Kancheepuram District. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records of the first respondent ending with the auction notification dated 26.2.2010 in Rc.No.87/2010/A1 and quash the same and consequently direct the respondents to maintain the streets as street without causing any obstruction or putting up any structures on the streets. For petitioner : Mr.N.A.Nissar Ahmed For respondents : Mr.S.Sivashanmugam, Government Advocate. ----- https://hcservices.ecourts.gov.in/hcservices/ O R D E R By consent of both parties, the writ petition itself is taken up for final disposal. 2. Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for records of the first respondent ending with the auction notification dated 26.2.2010 in Rc.No.87/2010/A1 and quash the same and consequently direct the respondents to maintain the streets as street without causing any obstruction or putting up any structures on the streets. 3. The petitioner Welfare Association challenged the auction notice stating that though sufficient safeguard has been given in the public auction notice, in effect, the temporary shops to be put up at the time of function/festival/convension will restrict the entry and exit of the residents and cause great inconvenience to them. The learned counsel for the petitioner states that considering the large number of persons, who will come for the convention, sufficient safeguards and police protection should be given to ensure free flow of traffic and to avoid obstructions. 4. Mr.S.Sivashanmugam, the learned Government Advocate appearing for the respondents pointed out the conditions imposed in the auction notice and further submitted that if the court so feels suitable direction may be issued to the police authorities of the local area to ensure that no inconvenience or obstruction is caused to the residents. The police may be directed to ensure free flow of traffic and the condition imposed in the auction notice to be followed by the temporary shop keepers. 5. Though sufficient safeguard has been provided in the auction notice, considering the area where the convention is to be conducted, the width of the street and the possible disturbance that may be caused by putting up large number of shops on the road margins, it will be appropriate that the temporary shop allottees are regulated by the police, who alone are competent to ensure the free flow of traffic and removal of obstructions. The apprehension expressed by the petitioner cannot be brushed aside. As could be seen that during festival times and during conventions of this nature, when temporary shops are put on the road side, the likelihood of the large number of public gathering and obstructing the free flow of traffic is always there, besides the parking of two wheelers, cycles and motor vehicles will add further misery to the residents. It will also lead to unwanted altercation between the public and the residents. By and large the "Corporation, Municipality and Panchayat authorities should ensure that the road margins are https://hcservices.ecourts.gov.in/hcservices/ not auctioned for the temporary shops. The alternate site like public ground or other open area may be given preference. 6. In the present case, considering the above parameters and keeping in mind the difficulties that will be faced by the petitioner residents, the first respondent Town Panchayat is directed to inform the police authorities to provide adequate personnel to ensure that the conditions imposed in the auction notice is strictly complied with and the residents are not put to any hardship. Further, the authorities are directed to indicate the successful bidders that violation of any of the conditions or complaint by the residents regarding violation will enable the police authorities and the officers of the respondent municipality to remove such shop keepers forthwith. With the above directions, the Writ Petition is disposed off. No costs. Consequently, connected miscellaneous petitions are closed. ts Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Executive Officer, Peerkankarani Town Panchayat, Chennai-63. 2.The District Collector, Kancheepuram District. + 1 cc to Mr. N.A.Nissar Ahmed, Advocate SR No.15143 + 1 cc to Government Pleader, SR No.15208 KA(CO) SR/5.3.2010 Order in W.P.No.4549 of 2010 https://hcservices.ecourts.gov.in/hcservices/