← Library
Madras High CourtWP/4125/2018disposed of

P. Raja v. The Commissioner

2018-03-02Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.4125 of 2018 P.Raja

...Petitioner

Vs.

1. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

2. The Chairperson / Zonal Executive Engineer (Zone IX), (The Township Vending Committee), Corporation of Chennai, Chennai - 600 034.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to consider and pass orders on the petitioner's representation dated 15.02.2018 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 made for granting permission / Certificate of Vending and till such time not to disturb with the running of the petitioner's bunk shop near Suthanthira Park Gate, Nungambakkam, Chennai 600034, wherein selling tea, coffee, snacks and food items.

For Petitioner : M/s.L.Chandrakumar For Respondents : Mr.T.C.Gopalakrishnan

ORDER

The petitioner has come up with this petition for issuance of a Writ of Mandamus to direct the respondents to consider and pass orders on the petitioner's representation dated 15.02.2018 and till such time not to disturb with the running of his bunk shop near Suthanthira Park Gate, Nungambakkam, Chennai 600034, wherein selling tea, coffee, snacks and food items.

2. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

3. The case of the petitioner is that he is running a bunk shop near Suthanthira Park Gate, Nungambakkam, Chennai 600034 for his livelihood. The officials of the respondents are trying https://hcservices.ecourts.gov.in/hcservices/

to interfere with the running of the petitioner's business. Hence, he gave representation to the respondents, dated 15.02.2018. Since the representation is not yet considered, the present writ petition.

4. The learned standing counsel for the respondents submitted that the petitioner is not running business in the said place and only for the purpose of filing this writ petition, he has started the business and no proof also filed in support of his case.

5. In the light of the above facts and submissions of the learned Standing Counsel for the respondents, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 15.02.2018 and pass orders on merits and in accordance with law, after providing an opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of copy of this order.

6. With the above observation and directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar pvs To

1. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

2. The Chairperson / Zonal Executive Engineer (Zone IX), (The Township Vending Committee), Corporation of Chennai, Chennai - 600 034.

+1cc to Mr.T.C.Gopalakrishnan, Advocate SR.No.16378 +1cc to Mr.E.Naveen, Advocate SR.No.16180 WP.No.4125 of 2018 GN(03/04/2018) https://hcservices.ecourts.gov.in/hcservices/