S.V.Thiyagarajan, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2016
CORAM
THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.10978 of 2016 and WMP No.9571 of 2016 S.V. Thiyagarajan ... petitioner v.
1. The Government of Tamil Nadu rep by its Secretary Local Administration Dept., Secretariat, Fort St. George, Chennai - 600 009
2. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003
3. The Commissioner of Police, Greater Chennai, EVK Sampath Road, Vepery, Chennai - 7 .... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to consider and pass orders on the petitioner's representation dated 27.02.2016 as per the provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and till final decision is taken thereon, forbearing the respondents and their subordinates in any manner evicting or disturbing the bunk shop run by the petitioner at Junction of Canal Bank Road and Second Trust Link Road by the side of compound wall of corporation playground, Raja Annamalaipuram, Chennai - 600 028.
For Petitioner : Mr.A. Bakkiyalakshmi For R.1 & R.3 : Mr.Roofus Abraham Govt. Advocate For R.2 : Mr.P.V.Selvakumar
ORDER
The petitioner has filed the above writ petition to issue a writ of Mandamus to direct the second respondent to consider and pass orders on the petitioner's representation dated 27.02.2016, as per the provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending)Act, 2014, and till final decision is taken thereon, forbearing the respondents and their subordinates in any manner evicting or disturbing the bunk shop run by the petitioner at Junction of Canal Bank Road and Second Trust Link Road by the side of compound wall of Corporation Playground, Raja Annamalaipuram, Chennai-60028.
2. Mr.Roofus Abraham, learned Government Advocate takes notice for the respondents 1 and 3 and Mr.P.V. Selvakumar, learned counsel takes notice for the second respondent.
3. According to the petitioner, he is running a bunk shop in the place mentioned above. However, according to the petitioner, the officials of the respondents are interfering with his business and trying to evict him. Therefore, the petitioner gave a representation dated 27.02.2016 to the second respondent and thereafter, has come up with the present writ petition.
4. The learned respective counsels, appearing for the respondents, submitted that the second respondent may be directed to consider the petitioner's representation dated 27.02.2016 and pass orders in accordance with law.
5. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, I direct the second respondent to consider the petitioner's representation dated 27.02.2016 and pass orders on merits and in
accordance with law within a period of eight weeks from the date of receipt of a copy of this order. With this observation, the writ petition is disposed of. No costs. Consequently, connected MP is closed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar To
1. The Government of Tamil Nadu rep by its Secretary Local Administration Dept., Secretariat, Fort St. George, Chennai - 600 009
2. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003
3. The Commissioner of Police, Greater Chennai, EVK Sampath Road, Vepery, Chennai - 7 +1 cc to Government Pleader sr.19015 +1 cc to Mr.A.Bakkiya Lakshmi Advocate sr.18805 +1 cc to Mr.P.V.Selvakumar Advocate sr.18780 W.P.No.10978 of 2016 aa01/04/2016