K.Murugesan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA and W.M.P.No.4478 of 2020 K.Murugesan running pushcart bunk shop Near Aswini Hospital (Door No.49/024) Kasthuri Rangan Road, Chennai - 600 018.

.... Petitioner vs

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

2. The Chairperson/ Zonal Executive Engineer (Zone-9), (Township Vending Committee), Corporation of Chennai, Chennai - 600 034.

..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to Page 1/4

the proceedings Z.O.IX.C.No.Div/118/13223/2019 dated 31.10.2019 of the 2nd respondent and quash the same and consequently forbear the 2nd respondent, it officials. servants, agents or anybody under them from interfering with the running of the petitioner's pushcart bunk shop near Aswini Hospital (Door No.49/024), Kashturi Rangan Road, Chennai - 600 018. For Petitioner : Mr.R.Kamaraj For Respondents : Mr.D.B.R.Prabu, Standing Counsel for R1 & R2

ORDER

(Order of the Court was made by J.NISHA BANU, J.,) This Writ Petition has been filed challenging the order dated 31.10.2019 passed by the 2nd respondent, rejecting the representation of the petitioner dated 07.12.2018 and to forbear the 2nd respondent from interfering with the running of the petitioner's pushcart bunk shop near Aswini Hospital, Kasthuri Rangan Road, Chennai -600 018.

2. Today, when the matter is taken up for hearing, the learned counsel for the petitioner would state that the period of the earlier Vending Committee has lapsed and a new Vending Committee has been formed and he further state that the petitioner may give a fresh representation to the new vending committee and it would be suffice if a a direction is issued to consider the Page 2/4

representation of the petitioner made to the new vending committee.

3. Considering the above submissions made by the learned counsel for the petitioner, though the petitioner has come out with a larger prayer, without going into the merits of the claim made by the petitioner in the writ petition, we direct the petitioner to make a fresh representation before the new Vending Committee and the new Vending Committee on receipt of representation from the petitioner, shall pass orders on the same on its own merit and in accordance with law as expeditiously as possible. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(J.N.B., J.) (N.M., J.) 16.11.2023 vsi Index : Yes / No Internet : Yes / No To

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

2. The Chairperson/ Zonal Executive Engineer (Zone-9), (Township Vending Committee), Corporation of Chennai, Chennai - 600 034. Page 3/4

J. NISHA BANU, J.

and N.MALA, J.

vsi 16.11.2023 Page 4/4