C O M M O N J U D G M E N T

P.N.PRAKASH, J.

In view of the interconnectivity of the issue involved in these cases, they are considered and decided by this common judgment. 2. The minimum facts that are required for deciding the cases on hand are as under:

2.1. There was a bus shelter opposite Rosalpatti Village Panchayat Office in Pandian Nagar – Mallankinaru Road in Virudhunagar District, which became dilapidated over a period of time. The local people addressed a representation on 03.08.2022 to the Block Development Officer, Virudhunagar Panchayat Union, for demolishing the existing bus shelter and constructing a new one. They also highlighted the matter in the press and took it up to the local Member of Legislative Assembly (M.L.A.), who came forward to release funds from 'M.L.A's Fund' for this purpose. Accordingly, the existing bus shelter was demolished and in its place, when the Panchayat started construction of a new bus shelter, two persons, namely, Pethuraj and Selvi, who are having their shops behind the bus shelter, resisted the move on the ground that the bus shelter would cover the view of their shops. Selvi is running a chicken and broiler sales outlet and Pethuraj is doing hardware business and he uses the ground floor portion as his godown with the sales outlet in the first floor.

2.2. Pethuraj filed W.P.(MD) No.11628 of 2022 for a direction to the authorities not to put up the bus shelter in front of his shop and the said writ petition was dismissed by a learned Single Judge of this Court on 14.06.2022 with the following observations:

“...The petitioner became an occupant of the shop in question only five years ago. But in front of his shop, a bus shelter was in existence for more than 20 years. The learned Government Advocate produced a copy of the earlier bus shelter. Since it has become old and dilapidated, request was received from the members of the general public for demolition of the same. In fact, the petitioner also petitioned the highways authorities and based on the petitioner's request, the highways authority wrote a letter to the local body for demolishing the bus shelter. In the place of earlier bus shelter, a new bus shelter is being put up. When an existing bus shelter has been demolished on the ground that it had become old and dilapidated, it is the duty of the concerned department to put up a new bus shelter in the very same place. That is exactly what has been done in the instant case also. If according to the highways authorities, there is some procedural infraction, it is always open to the highways authorities to take up the matter with the local body.

3.The other reason why I declined to interfere is that the Commissioner, Virudhunagar Panchayat Union had already issued work order on 10.05.2022 and the construction works have already been taken up. Since the issue concerns public interest, I do not want to interfere. The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.”

2.3. Challenging the said order, Pethuraj has filed W.A.(MD) No.728 of 2022.

2.4. The said Selvi also filed W.P.(MD) No.17636 of

2022 for the same relief by contending that the new bus shelter would obstruct the view of her shop and would affect her business adversely.

2.5. When this matter i.e. W.P.(MD) No.17636 of 2022 came up before a learned Single Judge of this Court, it was brought to the notice of the Court that a writ appeal in W.A.(MD) No.728 of 2022 preferred by Pethuraj is pending before the Division Bench.

2.6. Therefore, the learned Single Judge, by order dated 08.08.2022, directed that Selvi's writ petition i.e. W.P.(MD) No.17636 of 2022 also be tagged and heard along with W.A.(MD)

No.728 of 2022.

2.7. While so, one Muniyandi addressed a representation dated 14.07.2022 to the authorities requesting them not to put up the bus shelter in the said place and finding no response to the same, he filed a public interest litigation in W.P. (MD) No.18866 of 2022 for a directio