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Madras High CourtWP/6408/2019disposed of

Kasthuri v. The Commissioner

2019-03-06Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.Nos.6408, 6410 & 6412 of 2019 Kasthuri ... Petitioner in W.P.No.6408 of 2019 Rajeshwari ... Petitioner in W.P.No.6410 of 2019 R.Ramana ... Petitioner in W.P.No.6412 of 2019 Vs.

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

2.The Chair Person, Zone - V Street, Vending Committee, Corporation of Chennai, Chennai - 600 021.

... Respondents in all W.Ps'

Prayer in W.P.No.6408 of 2019:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the second respondent to dispose of the petitioner's representation dated 28.04.2018, including vending committee constituted by the first respondent for grant license continue to run the petty shop and till such time, forbear the first respondent from in any manner interfering with the running of petitioner's bunk shop at Wannells Road, by the side of Anderson Church, Opp. M.T.C. Bus Terminus (Egmore Railway Station), Egmore, Chennai - 8, selling tea, coffee, snacks, sandwich and fresh juice (measuring about 8 x 6). Prayer in W.P.No.6410 of 2019:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the second respondent to dispose of the petitioner's representation dated 30.05.2018, including before vending committee constituted by the first respondent of petitioner's petty shop on the line of EVK Sampath Salai, by

the side of Swopnalok Apartments, Vepery, Chennai - 600 007, selling vegetable (measurement about 8 x 6).

Prayer in W.P.No.6412 of 2019:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the second respondent to dispose of the petitioner's representation dated 30.10.2018, including vending committee constituted by the first respondent for grant license continue to run the petty shop and till such time, forbear the first respondent from in any manner interfering with the petitioner's bunk shop at Vepery High Road, by the side of Chennai Veterinery Medical College Hostel, Opp. Private House, Vepery, Chennai - 600 007, selling tea, coffee, sandwich and fresh juice (measurement about 8 x 6).

For Petitioner in all W.Ps' . : Mr.A.M.Ravichandran For Respondents in all W.Ps' : Mrs.Karthiga Ashok Standing Counsel for Corporation C O M M O N O R D E R Mrs.Karthiga Ashok, learned Standing Counsel takes notice for the respondents. By consent, these Writ Petitions are taken up for final disposal at the admission stage itself.

2. The prayer in these Writ Petitions is for issuance of Writ of Mandamus, directing the second respondent to dispose of the petitioners' representation dated 28.04.2018, 30.05.2018 and 30.10.2018 respectively, including Vending Committee constituted by the first respondent for granting license and continue to run the petty shop and till such time, forbear the first respondent from in any manner interfering with the petitioners' bunk shop.

3. The learned counsel for the petitioners would submit that the petitioners would be satisfied, if a direction is given to the respondents to consider the representation of the petitioners.

4. The learned Standing counsel appearing for the respondents submitted that the respondents are ready to consider the representation of the petitioners in accordance with law.

5. In the light of the submissions made by the learned counsel on either side and also considering the limited scope of prayer sought for in this writ petition, this Court, without

going into merits of the case, directs the respondents to consider the representation of the petitioners dated 28.04.2018, 30.05.2018 and 30.10.2018, on merits and in accordance with law, after providing an opportunity to all necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rns To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.The Chair Person, Zone - V Street, Vending Committee, Corporation of Chennai, Chennai - 600 021.

+3 cc's to Mr.N.A.Sadique, Advocate Sr.No.21139 to 21141 +2 cc's to Ms.Karthikaa Ashok, Advocate Sr.No.21067,21068 W.P.Nos.6408, 6410 & 6412 of 2019 CSL/14.03.2019