K.Mahalakshmi, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.NO.15166 OF 2016 K.Mahalakshmi .. Petitioner

Versus

1.The Commissioner Rippon Building Chennai - 600 003.

2.The Assistant Commissioner No.1, Lake View Area, 4th Cross Street, Nungambakkam, Chennai - 600 034.

3.The Area Engineer / Assistant Executive Engineer No.34, Chengalvarayan Street, Chennai - 600 005.

4.The Assistant Executive Engineer No.2, Dr. Besant Road, Triplicane, Chennai - 600 005.

..

Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to allot the vegetable shop to the petitioner at Gangaikondan Vegetable Market, B.V.Naicken Street, Zone - 9, Ward No.116, Triplicane, Chennai - 600 005, by considering her representation dated 23.03.2016. For Petitioner :

Mr.M.R.Jothimanian For Respondents :

Mr.P.V.Selvakumar Standing Counsel for Corporation

O R D E R

Heard Mr.M.R.Jothimanian, learned counsel for the petitioner and Mr.P.V.Selvakumar, learned Standing Counsel, accepting notice on behalf of the respondent Corporation. 2.The petitioner seeks for issuance of writ of mandamus, directing the respondents to allot the vegetable shop to her at Gangaikondan Vegetable Market, B.V.Naicken Street, Zone - 9, Ward No.116, Triplicane, Chennai - 600 005, by considering her representation dated 23.03.2016. 3.It is an admitted case of the petitioner that the said Market complex is yet to be constructed and according to her, construction is under progress. If that is so, there can be no vested right to the petitioner to seek for allotment of a vegatable shop, that too, as sought for in this writ petition.

As and when the construction of the market complex is completed, the respondent Corporation has to give wide publicity and invite application and make allotment, in a fair and transparent manner, and for which purpose, a writ of mandamus cannot be issued, that too at this juncture, as it is premature. 4.Accordingly, the writ petition fails and the same stands dismissed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar TK To 1.The Commissioner Rippon Building Chennai - 600 003.

2.The Assistant Commissioner No.1, Lake View Area, 4th Cross Street, Nungambakkam, Chennai - 600 034.

3.The Area Engineer / Assistant Executive Engineer No.34, Chengalvarayan Street, Chennai - 600 005.

4.The Assistant Executive Engineer No.2, Dr. Besant Road, Triplicane, Chennai - 600 005.

+1cc to M/s.M.R. Jothi Manian, Advocate, S.R.No.25688 +1cc to Mr.P.V. Selvakumar, Advocate, S.R.No.25498 UG(CO) EU(30/05/2016) W.P.NO.15166 OF 2016