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Madras High CourtWP/9801/2017withdrawn dismissed

Usman Road Salaiyora Thattau v. Commissioner Of Police

2017-07-11Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.9801/2017 & WMP.No.10792/2017 Usman Road Salaiyora Thattau Sirukadai Thozhilalar Nala Sangam, rep. by its Secretary K.Noor Ahamed ..

Petitioner Vs 1.The Commissioner of Police O/o.The Commissioner of Police Vepery, Chennai 600007.

2.The Deputy Commissioner of Police [Law and Order], R1 Mambalam Police Station, T.Nagar, Chennai 600017.

3.The Assistant Commissioner of Police [Law and Order], R1 Mambalam Police Station, T.Nagar, Chennai 600017.

4.The Inspector of Police [Law and Order], R1 Mambalam Police Station, T.Nagar, Chennai 600017.

5.Hawking Zone Implementation Committee represented by its Chairman Hon'ble Mr.Justice A.Ramamurthy [Former Judge, Madras High Court] No.7/6, RA Puram, 3rd Cross Street R.A.Puram, Chennai 600 028.

6.The Commissioner Corporation of Chennai Ripon Buildings, Chennai 600003.

..

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 1 to 4 herein to abstain from interfering with the business activities of the members of the petitioner Welfare Sangam in street vending / hawking activities from Pinjala Subramaniam street to Motilal Street at the Eastern Wing of the South Usman Road, T.Nagar, Chennai 600017, following the order dated 30.09.2015 passed in WP.No.18397/2014 on the file of this Court.

For Petitioner : Mr.S.Sadasharam For RR 1 to 4 : Mr.A.N.Thambidurai, Spl.GP For R5 : Mr.Master Ganesh For R6 : Mr.A.Nagarajan

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] After some arguments, the learned counsel for the petitioner, on instructions, seeks permission of this Court, to withdraw this writ petition, with a liberty to work out his remedy opened to him under law, in the light of the common order dated 30.09.2015 made in WP.No.18397/2014 etc., batch and also made an endorsement in the writ petition to that effect.

The Court heard the submissions of Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 1 to 4 ; Mr.Master Ganesh, learned counsel appearing for the 5th respondent and Mr.A.Nagarajan, learned Standing Counsel appearing for the 6th respondent and also perused the counter affidavit filed by the 4th respondent.

In the light of the endorsement made, the writ petition stands dismissed. Liberty sought for by the petitioner, is granted. No costs. Consequently, the connected miscellaneous petition is also dismissed.

[M.S.N., J.,] [N.S.S., J] 11.07.2017 Index :

No Internet :

Yes AP

M.SATHYANARAYANAN, J., AND N.SESHASAYEE, J., AP To 1.The Commissioner of Police O/o.The Commissioner of Police Vepery, Chennai 600007.

2.The Deputy Commissioner of Police [Law and Order], R1 Mambalam Police Station, T.Nagar, Chennai 600017.

3.The Assistant Commissioner of Police [Law and Order], R1 Mambalam Police Station, T.Nagar, Chennai 600017.

4.The Inspector of Police [Law and Order], R1 Mambalam Police Station, T.Nagar, Chennai 600017.

5.Hon'ble Mr.Justice A.Ramamurthy [Former Judge, Madras High Court] Chairman, Hawking Zone Implementation Committee No.7/6, RA Puram, 3rd Cross Street R.A.Puram, Chennai 600 028.

6.The Commissioner Corporation of Chennai Ripon Buildings, Chennai 600003.

WP.No.9801/2017 11.07.2017