A.Siraj v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2016
CORAM
THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM W.P.NO.15803 OF 2016 AND WMP NO.13717 OF 2016 A.Siraj ..
Petitioner Vs.
1.The Government of Tamil Nadu Rep. By its Secretary Local Administration Department Secretariat, Fort St. George, Chennai - 600 009.
2.The State Commissioner for Differently Abled Persons Office of the State Commissioner of Differently Abled Persons SRDC, Jawaharlal Nehru Inner Ring Road, K.K.Nagar, Chennai - 600 078.
3.The Commissioner Corporation of Chennai Rippon Buildings, Chennai - 600 003.
4.The Commissioner of Police Greater Chennai Vepery, Chennai - 600 007.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent to consider and pass orders on the petitioner's representation dated 23.01.2016 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 Old No.182, New No.22, Rukkumani Lakshmipathi Road, Egmore, Chennai - 600 008.
For Petitioner :
Ms.A.Bakkiyalakshmi For Respondents - 1, 2&4 : Mr.M.L.Mahendran Government Advocate For Respondent - 3 :
Mr. K. Soundararajan
O R D E R
Heard Ms.A.Bakkiyalakshmi, learned counsel appearing for the petitioner, Mr.M.L.Mahendran, learned Government Advocate, accepting notice on behalf of the respondents 1, 2 and 4 and Mr.K.Soundararajan,* learned Standing Counsel, accepting notice on behalf of the third respondent. By consent of the learned counsel on either side, the writ petition is taken up for final disposal.
2.The petitioner seeks for issuance of writ of mandamus to direct the third respondent to consider and pass orders on his representation dated 23.01.2016, as per the provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and till final decision is taken thereon, also seeks for forbearing the respondents and their subordinates in any manner evicting or disturbing the bunk shop run by him at Old No.182, New No.22, Rukkumani Lakshmipathi Road, Egmore, Chennai - 600 008.
3.The learned counsel appearing on either side submits that the issue involved in this writ petition is covered by the decision of the Honourable Division Bench of this Court in W.P.Nos.18397 of 2014 etc., batch dated 30.09.2015 and the writ petitions were disposed of with certain observations. 4.Accordingly, this writ petition is also disposed on the same lines and whatever benefits that will accrue to the petitioner by virtue of the decision of the Honourable Division Bench, shall be applicable and accrue to the petitioner in this writ petition also. No costs. Consequently, connected miscellaneous petition is closed.
s/d- Assistant Registrar(CS-III) dt. 9.5.2016 Corrected as per letter dated 3.6.2016 and made herein Sd/- Assistant Registrar (CS-III) dt. 28.6.2016 True Copy Sub-Assistant Registrar
To 1.The Secretary to Government Government of Tamil Nadu Local Administration Department Secretariat, Fort St. George, To be substituted Chennai - 600 009.
the order already despatched on 1.6.16 2.The State Commissioner for Differently Abled Persons Office of the State Commissioner of Differently Abled Persons SRDC, Jawaharlal Nehru Inner Ring Road, K.K.Nagar, Chennai - 600 078.
3.The Commissioner Corporation of Chennai Rippon Buildings, Chennai - 600 003.
4.The Commissioner of Police Greater Chennai Vepery, Chennai - 600 007.
+1 cc to Mr.A.Bakkiya Lakshmi Advocate sr.26414 +1 cc to Mr.K.Soundaraj Advocate sr.26557 +1 cc to Government pleader sr.26801 W.P.NO.15803 OF 2016 ad(co) aa12/05/2016 EU 29.6.16