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Madras High CourtWP/15885/2016disposed of

T.Mahalakshmi v. The Government Of Tamil Nadu

2016-04-27Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM W.P.NO.15885 OF 2016 AND WMP NO.13780 OF 2016 T.Mahalakshmi ..

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 is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the second respondent to consider and pass orders on the petitioner's representation dated 13.04.2016 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 Junction of Canal Bank Road and Second Trust Link Road, by the side of Compound Wall of Corporation Playground, Raja Annamalaipuram, Chennai - 600 028. For Petitioner : Mr.K.Theagaraja Marthandan For Respondents - 1 & 3: Mr.R.M.Muthukumar Government Advocate For Respondent - 2 : Mr.K.Soundararajan

O R D E R

Heard Mr.K.Theagaraja Marthandan, learned counsel appearing for the petitioner, Mr.R.M.Muthukumar, learned Government Advocate, accepting notice on behalf of the respondents 1 and 3 and Mr.K.Soundararajan, learned Standing Counsel, accepting notice on behalf of the second 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 second respondent to consider and pass orders on the petitioner's representation dated 13.04.2016, 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 Junction of Canal Bank Road and Second Trust Link Road, by the side of Compound Wall of Corporation Playground, Raja Annamalaipuram, Chennai - 600 028. 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.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar TK

To 1.The Secretary to Government Government of Tamil Nadu 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.

+1cc to Mr.K. Theagaraja, Advocate, S.R.No.26413 +1cc to Mr.K. Soundarajan, Advocate, S.R.No.26558 +1cc to the Government Pleader, S.R.No.26838 W.P.NO.15885 OF 2016 JSV(CO) EU 20.5.16