W.P.No.33439 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

W.P.No.33439 of 2022

A.Salema

... Petitioner

Versus

1.Muthavallee,

Azarath Syed Moosa Sha Khaderi Dargan,

(Mount Road Dargah), Anna Salai,

Chennai - 600 002.

2.The Chief Executive Officer,

Tamil Nadu Wakf Board,

Chennai - 600 001.

3.The Commissioner,

Chennai Corporation.

(R3 Suo motu impleaded vide order

dt.04.01.2023 made in W.P.No.33439/2022)

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India

praying for issuance of a Writ of Mandamus directing the 1st respondent to

remove the Board at the Dargah as, "not to purchase Boondi and Flower

Garlands, for the Fathiya for the said Dhargha from the outside vendors and

footpath vendors" by order and also to restrict the said Muthavalli from

unfair trade practice for his own benefit against the petitioner.

For Petitioner

: Mr.M.Hussaini Basha

For R-1

: Mr.N.A.Nassir Hussain

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W.P.No.33439 of 2022

For R-2

: Mr.G.Mohammed Aseef

For R-3

: Mrs.P.T.Ramadevi

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus

directing the 1^st respondent to remove the Board at the Dargah as, "not to

purchase Boondi and Flower Garlands, for the Fathiya for the said Dhargha

from the outside vendors and footpath vendors" and also to restrict the said

Muthavalli from unfair trade practice for his own benefit against the

petitioner.

2. The contention of the writ petitioner is that the board displayed in

the Dharga will affect the livelihood and earnings of the petitioner from the

above said Boondhi shop. Hence, seeks for the above direction.

3. The learned counsel appearing for the first respondent would submit

that the writ petition is not maintainable and the place where the petitioner

allegedly running a Boondhi/Sweet stall and garlands is a No Hawkers zone

and there are no shops on any platform. The Greater Corporation of Chennai

has installed big display board at both corners of the Dharga platform as No

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W.P.No.33439 of 2022

Hawkers Zone. The petitioner encroached the public platform, pathway

causing obstruction and nuisance to the general public. The petitioner has put

up a slab and laid tiles on the public platform and pathway and near the

Dargah and has installed 3 to 4 flags with sandalwood paste, Ghalaf and

Hundian and using the name of the Dharga cheating the public and

worshipers that this is a part of the Dharga and thereby bringing disrepute to

the renowned Dharga. Since it is a main road, the officials had warned the

respondents not to entertain such items and displayed the board. It cannot be

said to be unfair trade practice and hence, prayed for dismissal of the above

petition.

4. Learned counsel appearing for the third respondent/Corporation

submitted that since the Town Vending committee is not constituted, whether

that area will be permitted or not is to be decided by the Committee.

5. Heard the learned counsel appearing on either side and perused the

materials available on record.

6. The only grievance of the petitioner is that the first

respondent/Muthavalli has displayed the board inside the mosque, which

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W.P.No.33439 of 2022

affects her livelihood. It is to be noted that the board has been displayed in

the mosque to regulate worship. Merely because the board has been

displayed inside the mosque, it cannot be assumed that it will affect the

petitioner's business. It is the choice of the persons, who purchase the

Boondhi either from the petitioner or in the mosque. Merely because such a

board has been displayed, the petitioner cannot seek such a direction. The

first respondent/Muthavalli can very well regulate the noise in the mosque.

7. In such view of the matter,