K. Kumar v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2016 C O R A M THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.NO.14827 OF 2016 AND WMP NO.12965 OF 2016 K.Kumar ...
Petitioner Vs.
1. The Government of Tamil Nadu Rep. By its Secretary Local Administration Department Secretariat, Fort St. George Chennai - 600 009.
2. The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 003.
3. The Commissioner of Police Greater Chennai EVK Sampath Road, Vepery, Chennai - 600 007.
...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the second respondent to consider and pass orders on the petitioner's representation dated 17.03.2016 as per the provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and till final decision is taken thereon, forbearing the respondents and their subordinates in any manner evicting or disturbing the bunk shop run by the petitioner at Janaki Avenue Road, Opposite to Padmalaya Towers, on the side of compound wall of Chennai Corporation Park, Raja Annamalaipuram, Chennai - 600 028. For Petitioner :
Ms.N.Jothi Lakshmi For Respondents 1&3 :
Mr.R.Lakshmi Narayanan Additional Government Pleader For Respondent-2 :
Mr.P.V.Selvakumar
O R D E R
Heard the learned counsel for the petitioner, Mr.R.Lakshmi Narayanan, learned Additional Government Pleader for the first and third respondents and Mr.P.V.Selvakumar, learned Standing Counsel for the second respondent. 2.With the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal, at the admission stage itself.
3.This writ petition has been filed praying to direct the second respondent to consider and pass orders on the petitioner's representation dated 17.03.2016, as per the provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and till final decision is taken thereon, forbearing the respondents and their subordinates in any manner evicting or disturbing the bunk shop run by the petitioner at Janaki Avenue Road, Opposite to Padmalaya Towers, on the side of compound wall of Chennai Corporation Park, Raja Annamalaipuram, Chennai - 600 028. 4.The petitioner is running bunk shop in the place mentioned above. However, according to the petitioner, the officials of the respondents are interfering with his business in running the bunk shop and are trying to evict him. Therefore, the petitioner gave representation dated 17.03.2016 to the second respondent and thereafter, has come up with the above writ petition.
5.Without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the second respondent to consider the representation of the petitioner dated 17.03.2016, on merits and pass appropriate orders thereon, in accordance with law, within a period of eight weeks, from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.
6.Till such time, the second respondent passes appropriate orders, the petitioner shall not be dis-possessed from the place.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar
TK To
1. The Secretary Local Administration Department Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009.
2. The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 003.
3. The Commissioner of Police Greater Chennai EVK Sampath Road, Vepery, Chennai - 600 007.
1 cc to Ms.N.Jothilakshmi, Advocate, sr.25079 1 cc to Mr.P.V.Selvakumar, Advocate, sr.25140 1 cc to Government Pleader, sr.25435 W.P.NO.14827 OF 2016 gj co kra 19.05.2016