P.Arulprakash v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.10577 of 2022 & WMP.No.10245 of 2022 P.Arulprakash ... Petitioner Vs 1.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

2.The Zonal Officer, Zone - 13, Greater Chennai Corporation, No.75, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records on the file of the 2nd respondent in his proceedings in Ma.A.13 Na.ka.No.A11/Spl/2022 and quash the impugned order dated 05.04.2022 as highly illegal and unconstitutional.

For Petitioner : Mr.Ashok for Ms.L.Srileka For Respondents: Mr.Rahul Aditya Ms.P.T.Ramadevi, Standing Counsel

O R D E R

Mr.Rahul Aditya, learned counsel representing on behalf of Ms.P.T.Rama Devi, learned Standing Counsel accepts notice for the respondents and is armed with instructions to proceed with the final disposal of the matter. Hence, by consent of both https://hcservices.ecourts.gov.in/hcservices/

counsel, this Writ Petition is disposed finally even at the stage of admission.

2.Mr.Rahul, on instructions, would fairly state that the offending bunk shop run by the petitioner under the name and style of Gandhi Cool Bar near Little Mount AG Church and near the Casa Grande Apartments at Little Mount, Saidapet, Chennai - 600 015 is situated on the National Highway. Thus, he would accede to the position that the Corporation ought not to have disturbed the petitioner from the said location as it does not fall within the jurisdiction of the respondent Corporation. In fact, the Corporation has intimated the competent authority, the Highways Department, to take action to re-locate the shop of the petitioner.

3. In light of the statement as recorded aforesaid, the impugned order stands quashed and the seal placed on the shop will be removed forthwith.

4. This Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar sl/kbs To 1.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

2.The Zonal Officer, Zone - 13, Greater Chennai Corporation, No.75, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.

+1cc to Ms.L.Srileka, Advocate SR.No.30332 +1cc to Ms.P.T.Ramadevi, Advocate SR.No.30205 W.P.No.10577 of 2022 & WMP.No.10245 of 2022 KJ(CO) GMY(30/05/2022) https://hcservices.ecourts.gov.in/hcservices/