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2005 Supreme(Mad) 172
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.D. DINAKARAN & THE HONOURABLE MR. JUSTICE S. ASHOK KUMAR
The Madurai Maanagar Old Motor Spare Parts Dealers Association - Appellant
Versus
Madurai City Municipal Corporation rep.by its Commissioner - Respondents
Writ Petition No. 689 of 2005 and WPMP.No.635 to 637 of 2005
Decided On : 02 February 2005
The central legal point established in the judgment is the obligation of the Corporation to maintain public streets for the benefit of the general public and the need for a rational basis for granting licenses for shops on public streets.
Headnote:
Public Streets - Leasing of Open Space - Madurai City Municipal Corporation Act, 1971 - Thiruchirappalli Palporul Virkum Thozhilalar Sangam Vs. Commissioner, Corporation Of Thiruchirappalli (1999 (1) L.W.367)
Fact of the Case:
The Old Motor Spare Parts Dealers Association filed a writ petition to quash the auction notification for leasing open space in public streets and to prevent the Madurai Corporation from leasing out the open space area of the streets for business purposes.
Finding of the Court:
The court found that the Corporation's proposal to lease out the open space area of the streets was arbitrary and unjustified, as it violated their own undertaking given in a previous order. The court also directed the Corporation to remove all encroachments in public roads and streets within its jurisdiction.
Issues: The issues involved the leasing of open space in public streets, encroachments by the Petitioner-Association, and the Corporation's obligation to maintain public streets for the benefit of the general public.
Ratio Decidendi: The court emphasized that public streets are meant for the use of the general public and not for facilitating private trade or business. It highlighted the statutory obligation of the Corporation to maintain roads and streets free from encroachments and the need for a rational basis for granting licenses for shops on public streets.
Final Decision: The writ petition was ordered with directions to quash the auction notification, prevent the Corporation from leasing out the open space area of the streets, and remove all encroachments in public roads and streets within the jurisdiction of the Madurai City.
(This Writ Petition has been filed for the issuance of a writ of certiorarified mandamus to call for the records relating to the Auction Notification of the respondent in MV4.24590/2004 published in "Dhina Bhoomi" Tamil Daily dated 21.1.2005 in respect of Auction for granting lease or license of the open space sites-shops of Krishnarayar Teppakkulam East and South Streets of Madurai Town to be held on 9.2.2005 and quash the same and consequently direct the respondent and their officials by forbearing them from in any way leasing out or giving license of the open space area of the two public streets by names called Krishanarayar Teppakkulam East and South Streets of Madurai Town to any body for their business or trade purposes by conducting the auction either on 9.2.2005 or on any other subsequent dates as advertised by the respondent in Dhina Bhoomi Tamil Daily dated 21.1.2005 and to keep these streets as it is and pass such other and further orders.)
P.D. Dinakaran.J.
The petitioner is the Old Motor Spare Parts Dealers Association, represented by its President. The Members of the Petitioner-Association are having their shops in Krishnarayar Teppakkulam East and South Streets of Madurai Town. On an earlier occasion, when the Petitioner-Association moved a Writ Petition in W.P.No:2363 of 2004, specifically alleging that the Maduri City Municipal Corporation proposes to lease out the roadside open space to the individual vendors, recording the undertaking given before this Court by the learned standing counsel for the Madurai Corporation that the Corporation is not proposing or having any plan to lease out or to give license for the open space area of the two streets, the said Writ Petition was disposed of by this Court on 14.10.2004, with an observation that if anybody has applied for lease or license for the open space area of the said two streets, the Members of the Petitioner-Association should be given a chance to oppose the same.
2.1. In spite of the above clear undertaking that the Madurai Corporation is not proposing or having any plan to lease out the open space area in the said two Streets, the Corporation has now chosen to publish tender notification dated 19.1.2005, proposing to lease out the roadside open space for shops measuring 6 x 4 sft each in the said two streets by conducing an auction on 9.2.2005.
2.2. Inter alia, it is also contended that the very width of the impugned streets is only 18 ft. and both the streets are over-crowded and it will cause great hardship to the public as well as the customers if the roadsides of these narrow streets are auctioned to the hawkers.
2.3. Hence, the petitioner-association has preferred this petition for issuance of a writ of certiorarified mandamus to call for the records relating to the Auction Notification of the respondent in MV4.24590/2004 published in "Dhina Bhoomi" Tamil Daily dated 21.1.2005 in respect of Auction for granting lease or license of the open space sites-shops of Krishnarayar Teppakkulam East and South Streets of Madurai Town to be held on 9.2.2005 and quash the same and consequently direct the respondent and their officials by forbearing them from in any way leasing out or giving license of the open space area of the two public streets by names called Krishanarayar Teppakkulam East and South Streets of Madurai Town to any body for their business or trade purposes by conducting the auction either on 9.2.2005 or on any other subsequent dates as advertised by the respondent in Dhina Bhoomi Tamil Daily dated 21.1.2005 and to keep these streets as it is and pass such other and further orders.
3. Mr.P.Srinivas, learned counsel taking notice for the respondent-Madurai Corporation, fairly concedes that the Corporation had given an undertaking before this court while disposing the W.P.No:2363 of 2004 to the effect that the respondent-Madurai Corporation is not proposing or having any plan to lease out or to give license for the open space area of the two
