M.Shankar v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P No.7656 of 2018 and W.M.P.No.9554 of 2018 M.Shankar ..Petitioner Vs 1.The Secretary, Department of Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

3.The Divisional Engineer, Highways and Rural Works Department, Saidapet, Chennai - 600 035.

4.The Commissioner of Police, E.V.R.High Road, Chennai - 600 007.

5.The Chairman, Zonal Officer (Zone -V), (The Town Vending Committee), Corporation of Chennai.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 5th respondent to dispose of the petitioner's representation dated 30.11.2017, include before vending committee constituted by the 5th respondent in running my petty bunk shop at on the line of Poonamallee High Road, by the side of Rajiv Gandhi

Hospital (GH) near by Subway, Opp.Central Railway Station, Park Town, Chennai - 600 003, selling tea, coffee, snacks, sandwhich and fresh juice (measurement about 8 x 6).

For Petitioners :Ms.P.S.Mercy Gnanammal For Respondents :Mr.V.Shanmuga Sundar Special Government Pleader, for R1,3 and 4 Mr.T.C.Gopalakrishnan, Standing counsel for R2 and R5

O R D E R

The petitioner has come forward with the present writ petition seeking for issuance of writ of mandamus, to direct the fifth respondent to dispose of the petitioner's representation dated 30.11.2017.

2. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for the respondents 1, 3 and 4 and the learned Standing counsel appearing for the respondents 2 and 5.

3.The learned counsel for the petitioner submitted that the representation given to the fifth respondent on 30.11.2017, seeking permission to establish a bunk shop was not considered. Hence, the present writ petition.

4. It is further submitted that the petitioner would be satisfied, if a direction is issued to the fifth respondent to consider the representation of the petitioner.

5. The learned Standing counsel appearing for the respondents 2 and 5 submitted that the representation of the petitioner would be considered in accordance with law.

6. In the light of the above submissions made by the learned counsels on either side, this Court, without going into the merits of the case, directs the fifth respondent to consider the representation of the petitioner dated 30.11.2017 and pass orders on merits and in accordance with law, after affording an opportunity of personal hearing to all the necessary parties, within a period of twelve weeks, from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar ms To 1.The Secretary, Department of Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

3.The Divisional Engineer, Highways and Rural Works Department, Saidapet, Chennai - 600 035.

4.The Commissioner of Police, E.V.R.High Road, Chennai - 600 007.

5.The Chairman, Zonal Officer (Zone -V), (The Town Vending Committee), Corporation of Chennai.

+1 CC to Ms.P.S.Mercy Gnanammal, Advocate sr 25472 +1 CC to Mr.T.C. Gopalakrishnan, advocate sr 25311 W.P No.7656 of 2018 and W.M.P.No.9554 of 2018 SP(13/04/2018)