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Madras High CourtWP/8251/2019disposed of

E.Ramesh v. The Commissioner

2019-03-25Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.8251 of 2019 & W.M.P.No.8809 of 2019 E.Ramesh

...Petitioner

Vs.

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

2.The Chair Person/Zonal Executive Engineer, Zone IX, Street Vending Committee, Corporation of Chennai, Chennai - 600 002.

... Respondents Prayer :- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the respondents 1 and 2 place the petitioner's representation dated 15.02.2019 before the Township Vending Committee and decide the same for the grant of certificate of Vending / Vending license to run bunk shop situated at Avaishanmugi Road, (Opp. to Oxford Press), Annasalai Junction, Gopalapuram, Chennai - 600 006, or in any other alternative site where the Committee may decide to allot within a time frame.

For Petitioner : Ms.N.R.Jasmine Padma For Respondents : Mrs.Karthiga Ashok Standing Counsel for R1 Mr.Saravanan for R2 ******

O R D E R

Mrs.Karthiga Ashok, learned Standing Counsel takes notice for the first respondent; Mr.Saravanan, learned counsel takes notice for the second respondent. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The prayer in the Writ Petition is for issuance of Writ of Mandamus, directing the second respondent to dispose of the petitioner's representation dated 15.02.2019, and grant vending license to run bunk shop situated at Avaishanmugi Road, (Opp. to Oxford Press), Annasalai Junction, Gopalapuram, Chennai https://hcservices.ecourts.gov.in/hcservices/

- 600 006, or in any other alternative site where the Committee may decide to allot within a time frame manner.

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

4. The learned Standing counsel appearing for the respondents submitted that the second respondent is the competent authority and he is ready to consider the representation of the petitioner 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 second respondent to consider the representation of the petitioner dated 15.02.2019, and pass orders on merits and in accordance with law, after providing an opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

2.The Chair Person/Zonal Executive Officer, Zone IX, Street Vending Committee, Corporation of Chennai, Chennai - 600 034.

+1cc to M/s.Karthikaa Ashok, Advocate, S.R.No.27833 +1cc to Mr.L.Chandrasekar, Advocate, S.R.No.27787 W.P.No.8251 of 2019 & W.M.P.No.8809 of 2019 MG(CO) RRS(06/05/2019) https://hcservices.ecourts.gov.in/hcservices/