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Madras High CourtWP/3734/2019disposed of

K.U.Subramani v. The Corporation Of Chennai

2019-02-12Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.3734 of 2019 and W.M.P.No.4130 of 2019 K.U.Subramani

...Petitioner

Vs 1.The Corporation of Chennai, rep.by its Commissioner, Ripon Buildings, Poonamallee High Road, Chennai-600 003.

2.The Assistant Commissioner, Corporation of Chennai, Zone-9, Nungambakkam High Road, Chennai-600 034.

3.The Joint Commissioner of Traffic, Office of the Commissioner, Vepery, Chennai-600 007.

4.Town Vending Committee Corporation of Chennai, Zone-IX, Nungambakkam High Road, Chennai-600 034.

(R4 impleaded as per order passed by this Court in W.M.P.No.4643 of 2019 in W.P.No.3734 of 2019 dated 12.02.2019).

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to forthwith grant permission / license to the petitioner to run the bunk shop at No.1/1, Kasturi Rangan Road, Sriman Srinivasan Road Junction, Alwarpet, Chennai-600 018, by considering and passing orders on the application of the petitioner dated 14.12.2018.

For Petitioner : Mr.K.Selvaraj For Respondents : Mrs.Karthika Ashok for R1 and R2 Mr.C.Thirumaran, Spl.GP for R3

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2.According to the petitioner, he made an application to the respondents on 14.12.2018 to grant permission / license to the petitioner to run the bunk shop at No.1/1, Kasturi Rangan Road, Sriman Srinivasan Road Junction, Alwarpet, Chennai-600

018. But the petitioner has not impleaded the Town Vending Committee constituted under the Street Vendors Act, 2014 in the writ petition. Hence the impleading petition praying for impleadment of the Committee has been ordered. 3.The learned standing counsel for the respondent Corporation would submit that the said application of the petitioner is pending before the Assistant Commissioner, the second respondent herein, and the same will be forwarded to the fourth respondent-Committee for passing appropriate orders. He also requested this Court to direct the petitioner to produce a copy of the said application along with the order copy, before the Committee.

4.Considering the above submissions made, without expressing any opinion as to the merits of the case, the petitioner is directed to furnish a copy of his application made on 14.12.2018 along a copy of this Court to the fourth respondent-Committee within a period of two weeks from the date of receipt of a copy of this order. If any such copy of application is received by the fourth respondent within the aforesaid period, the same shall be considered on merits and in accordance with law, and appropriate order be passed, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. 5.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar KM

To 1.The Corporation of Chennai, rep.by its Commissioner, Ripon Buildings, Poonamallee High Road, Chennai-600 003.

2.The Assistant Commissioner, Corporation of Chennai, Zone-9, Nungambakkam High Road, Chennai-600 034.

3.The Joint Commissioner of Traffic, Office of the Commissioner, Vepery, Chennai-600 007.

4.Town Vending Committee Corporation of Chennai, Zone-IX, Nungambakkam High Road, Chennai-600 034.

+1cc to Mr.K.Selvaraj, Advocate, S.R.No.12180 +1cc to Mr.Karthikaa Ashok, Advocate, S.R.No. 12453 W.P.No.3734 of 2019 and W.M.P.No.4130 of 2019 SSV(CO) GN(18/03/2019)