Sundar, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.22941 of 2017 and W.M.P.No.24088 of 2017 Sundar ... Petitioner v.

1. The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 003.

2. The Zonal Health Officer Zone No.13 Corporation of Chennai Adayar, Chennai - 600 020.

3. The State Commissioner for Differently Abled O/o. State Commissioner for Differently Abled Kamarajar Salai Chennai - 600 005.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records relating to the notice dated 17.08.2017 passed by the 2nd respondent and to quash the same and forbear the respondents 1 and 2 from interfering with the running of the petitioner's bunk shop at Satyadev Avenue, opposite to Leela Palace, Corporation Park, MRC Nagr, R.A.Puram, Chennai 600 028, by using LPG stove, till the Township Vending Committee decides in the matter.

For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.P.V.Selvakumar Addl. Government Pleader for R1 & R2 Mr.S.Diwakar, Special Government Pleader for R3

O R D E R

Mr.P.V.Selvakumar, learned Additional Government Pleader, takes notice for respondents 1 and 2 and Mr.S.Diwakar, learned Special Government Pleader takes notice for respondent No.3. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above Writ Petition to issue a writ of Certiorarified Mandamus calling for the records relating to the notice dated 17.08.2017 passed by the 2nd respondent and to quash the same and forbear the respondents 1 and 2 from interfering with the running of the petitioner's bunk shop at Satyadev Avenue, opposite to Leela Palace, Corporation Park, MRC Nagr, R.A.Puram, Chennai 600 028, by using LPG stove, till the Township Vending Committee decides in the matter.

3. The learned counsel appearing for the petitioner submitted that in similar circumstances, the Division Bench of this court, by order dated 28.02.2017, passed the following order:- "5.On hearing the learned counsel for the parties, suffice it to direct the Vending Committee constituted vide G.O.(4D)No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016, to consider the representation of the petitioner dated 27.1.2017 and pass appropriate orders in accordance with law, within three months from the date of receipt of a copy of this order and till such time, no coercive action shall be taken against the petitioner. All the ground urged in this petition can be raised before the Committee."

4. The learned counsel appearing for the respondents submitted that the order passed by the Division Bench of this court can be followed in this writ petition also.

5. In the light of the above, the impugned notice dated 17.08.2017 is quashed and the petitioner is directed to give a representation to the Vending Committee constituted vide G.O. (4D)No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016, within two weeks from the date of receipt of a copy of this order. On receipt of such representation, the Vending Committee shall consider the petitioner's representation and pass appropriate orders, in accordance with law, within three months from the date of receipt of such representation and till such time, no coercive action shall be taken against the petitioner. All the grounds urged in this writ petition can be raised before the Committee.

6. With these observations, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar vsm To

1. The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 003.

2. The Zonal Health Officer Zone No.13 Corporation of Chennai Adayar, Chennai - 600 020.

3. The State Commissioner for Differently Abled O/o. State Commissioner for Differently Abled Kamarajar Salai Chennai - 600 005.

+1cc to Mr.R.Kamaraj, Advocate Sr. 61737 +1cc to Mr.P.V.Selvakumar, Advocate Sr. 61984 W.P.No.22941 of 2017 SCD(CO) VR(01/09/2017)