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Madras High CourtWP/7272/2017disposed of

K.B.Palani v. The Chairman

2017-03-24Honourable The Acting Chief Justice,Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.03.2017

CORAM

THE HON'BLE Mr.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE Mr.JUSTICE RMT.TEEKAA RAMAN W.P.No.7272 of 2017 and W.M.P.No.7928 of 2017 1.K.B.Palani 2.P.Madan Kumar 3.P.Hema Ganesh .. Petitioners Vs 1.The Chairman, Hawking Zone Implementation Committee, No.7/6, R.A.Puram, III Street, R.A.Puram, Chennai 600 028.

2.The Commissioner, Corporation of Chennai, Ribbon Building, Chennai 600 003.

3.The Regional Deputy Commissioner [Central], Corporation of Chennai, No.36/12, Bullah Avenue, Shenoy Nagar, Chennai 600 030.

4.The Commissioner of Police, Vepery, Chennai 600 007.

5.The Deputy Commissioner of Police, Mambalam Range, Chennai 600 017.

6.The Assistant Commissioner of Police, Mambalam Range, Chenni 600 017.

7.The Inspector of Police Law & Order, R-1, Mambalam Police Station,

8.The Inspector of Police Traffic, R-4, Pondi Bazar Police Station, .. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 2 and 3 to pass appropriate order in order to protect their livelihood by strictly complying with the specific direction issued by the 1st respondent herein under proceeding No.HZICC No.121/2015 dated 25.8.2015 and also with reference to the proceeding No.HZICC No.014/2017 dated 23.1.2017 of the 1st respondent herein within the stipulated period prescribed by this Hon'ble Court.

For Petitioner : Mr.G.Thangavel For R4 to R8 : Mr.M.K.Subramanian, Government Pleader For R2 and R3 : Mr.R.Arunmozhi

ORDER

(Order of the Court was made by THE HON'BLE ACTING CHIEF JUSTICE) Heard the learned counsel appearing for the petitioners and Mr.M.K.Subramanian, learned Government Pleader for respondents 4 to 8 and Mr.R.Arunmozhi, learned counsel for respondents 2 and 3, who take notice on behalf of their respective parties. 2 The writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 2 and 3 to pass appropriate order in order to protect their livelihood by strictly complying with the specific direction issued by the 1st respondent herein under proceeding No.HZICC No.121/2015 dated 25.8.2015 and also with reference to the proceeding No.HZICC No.014/2017 dated 23.1.2017 of the 1st respondent herein within the stipulated period prescribed by this Hon'ble Court.

3. The case of the petitioners is that they are the hawkers of Usman Road, T.Nagar and held entitled to get allotment of shops from the Corporation of Chennai, by the Hawking Zone Implementation Committee, and now, finding that no alternative place was allotted to them, have come before this court.

4. It is for the petitioner to submit a representation before the Street Vending Committee, which is now constituted, within a period of one week from the date of receipt of a copy of this order. If at all the petitioners have a genuine case, it may be considered by the said Committee, within a period of two months thereafter. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssk.

To 1.The Chairman, Hawking Zone Implementation Committee, No.7/6, R.A.Puram, III Street, R.A.Puram, Chennai 600 028.

2.The Commissioner, Corporation of Chennai, Ribbon Building, Chennai 600 003.

3.The Regional Deputy Commissioner [Central], Corporation of Chennai, No.36/12, Bullah Avenue, Shenoy Nagar, Chennai 600 030.

4.The Commissioner of Police, Vepery, Chennai 600 007.

5.The Deputy Commissioner of Police, Mambalam Range, Chennai 600 017.

6.The Assistant Commissioner of Police, Mambalam Range, Chenni 600 017.

7.The Inspector of Police Law & Order, R-1, Mambalam Police Station, 8.The Inspector of Police Traffic, R-4, Pondi Bazar Police Station, +1cc to Mr.G.Thangavel, Advocate, S.R.No.18594 +1cc to Mr.R.Arunmozhi, Advocate, S.R.No.18436 +1cc to the Government Pleader, S.R.No. 18824 W.P.No.7272 of 2017 ev(CO) rmp(13/04/17)