IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2021

CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN

and

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

W.P.No.2846 of 2020

and

W.M.P.Nos.3288 & 3289 of 2020

G.Suresh Kumar,

S/o.K.Gunaseelan,

No.221/7, Bagur Hussain Street,

Pernambut,

Vellore District 635810.

... Petitioner

Vs

1.The Government of Tamil Nadu,

Rep. by its Secretary,

Municipal Administration and Water Supply Department,

St. George Fort,

Chennai 600 009.

2.The Commissioner,

Municipal Administration,

Chepauk, Chennai 600 005.

3.The District Collector,

Vellore District,

Collectorate, Vellore.

4.The Commissioner,

Pernambut Municipality,

Pernambut.

5.The Tahsildar,

Pernambut Taluk,

Pernambut.

6.The Block Development Officer,

Pernambut Block,

Pernambut.

... Respondents

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PRAYER : Writ Petition filed under Article 226 of the

Constitution of India praying to issue a Writ of Certiorarified

Mandamus in Public Interest, calling for the records of the 1^st

respondent in G.O.Ms.177 dated 24.12.2019 and quash the same and

direct the respondents to restrain from shifting the bus stand

from the existing location to the new location at GOLDEN NAGER

SATAGAR PANCHAYAT of Pernambut, Vellore District.

For Petitioner

:Mr.M.Muthappan

For Respondents

:Mr.R.Vijayakumar

Additional Government Pleader

O R D E R

(Order of the Court was delivered by N.KIRUBAKARAN, J)

The petitioner has come before this Court challenging G.O.

(Ms).No.177 dated 24.12.2019 passed by the 1^st respondent and

direct the respondents not to shift the bus stand from existing

location to the new location at Golder Nager Satagar Panchayat

of Pernambut, Vellore District.

2.The contention of the Petitioner is that the population of

Pernambut municipality is 51,271 and nearly 61% of poeple belong

to Muslims and 29% of people belong to Scheduled Caste. The

existing municipal bus stand has been functioning in the centre

of the Town right from the year 1981 onwards. Approximately 65

buses are plying from the bus stand from 04.00 am to 11.00 pm.

There are about six Higher Secondary Schools situated within 500

meters in and around the present bus stand and totally 3000

students are using the bus stand. The public has been demanding

for expansion of bus stand by including the nearby police

station and shifting the police station on the opposite side,

where the police quarters is situated.

3.Moreover, opposite to the present bus stand more than one

acre of vacant land belonging to the Government is available,

which can be used for expansion of the bus stand. However, the

respondents have decided to shift the existing bus stand to the

new place, which is 2.5 kms away and out of Municipal limit, in

the property gifted by three individuals to an extent of one

acre in survey No.691/1, 291/2A of Satgar Revenue Village.

Since the property does not come within the limits of Pernambut

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Municipality and coming within the limit of Satgar Panchayat of

Pernambut panchayat union and the said property located 400

meters away from the main road, the location of new bus stand is

not convenient to the local residents.

4.It is the further contention of the Petitioner that the

suitability of the place was not considered for shifting of the

bus stand and without ecological clearance, the respondents are

taking steps to form the new bus stand. The local people started

agitation against shifting of the bus stand by forming

“Pernambut Bus Stand Rescue Coordination Committee” and passed

resolution for not to shift the bus stand. The members of all

political parties, Traders Union, Shop Owners, NGO's, Human

Rights Activists, Member of all Jamaths and public residents

have joined together in the movement and several demonstrations

have been held. Though many representations were given for

expanding the said bus stand