S.Ravikannan, v. The Divisional Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.14648 OF 2011 AND M.P.NO.1 OF 2011 S.Ravikannan
...Petitioner
Vs The Divisional Engineer, O/o. Divisional Engineer, National High Ways Department, Saidapet, Chennai - 600 015.
... Respondent PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondent from interfering in the petitioner bunk shop at in front of HDFC Bank, I.T.C. Building at No.759 and 760, Anna Salai, Chennai - 600 002 in Div.No.110, Zone - VII, Chennai. For Petitioner : Mr.H.Adaikala Arockiaraj For Respondent : Mr.C.Jaya Prakash Government Advocate
O R D E R
The relief sought for in the present writ petition is to forbear the respondent from interfering in the petitioner bunk shop at in front of HDFC Bank, I.T.C. Building at No.759 and 760, Anna Salai, Chennai - 600 002 in Div.No.110, Zone - VII, Chennai.
2. Admittedly, the petitioner is running a bunk shop in front of IOB, opposite to I.T.C building at Anna Salai, Chennai. The petitioner is selling coffee and eatable items in https://hcservices.ecourts.gov.in/hcservices/
the said bunk shop. By virtue of the interim order, the petitioner is continuing the business and admittedly, the bunk shop is in the Highways Road. Therefore, now the petitioner cannot seek any such order in the nature of injunction to run the bunk shop in the Highways Road.
3. However, in order to redress the grievances of such vendors, a Committee is constituted under the provisions of the Statute to redress their grievances.
4. Thus, the petitioner is at liberty to approach the competent Committee for the purpose of redressal of his grievances in the manner known to law. However, the petitioner cannot seek any such injunction to run the bunk shop in the very same place, which is a Highways Road.
5. In view of the facts and circumstances, the relief as such sought for cannot be granted. However, the petitioner is at liberty to approach the Committee for redressal of the grievances, if exists.
6. With this liberty, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar kak To The Divisional Engineer, O/o. Divisional Engineer, National High Ways Department, Saidapet, Chennai - 600 015.
+1cc to Mr.H.Adaikala Arockiaraj, Advocate, S.R.No.58849 W.P.No.14648 of 2011 GPL(CO) RLP(26/11/2021) https://hcservices.ecourts.gov.in/hcservices/