Annai Theresa Nalindhor v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.Nos.12254 to 12256 of 2018 Annai Theresa Nalindhor Salaiyora Siru Vyabarigal Sangam Rep. by its Secretary, C.Madappan Reg.No.985/99 No.7, Kuralagam Annex Building Chennai-600 108.
.. Petitioner in WP.12254/2018 Jeeva Siru Kadai Vyabarigal Sangam Rep. by its President, K.Krishnasamy Reg.No.306/96 No.7, Kuralagam Annex Building (Lakshmi Telecom) Chennai - 600 108.
.. Petitioner in WP.12255/2018 Raja Annamalai Mandram Nadai Pathai Vyabarigal Sangam Rep. by its Treasurer, V.Shagul Hameed Reg.No.89/96 No.37, CITU Office 2nd Floor Bandher Street Chennai - 600 001.
.. Petitioner in WP.12256/2018 -Vs1 The Commissioner Corporation of Chennai Rippon Building Chennai - 600 003.
2 The Chairman Hawking Zone Implementation Committee No.7/6, 3rd Cross Street R.A.Puram Chennai - 600 028.
3 The Chairman Town Vending Committee Rep by its Greater Chennai Corporation Zone-5, No.61, Basin Bridge Road Old Washermenpet Chennai - 600 021.
.. Respondents (R3 impleaded in the three writ petitions in all WPs. vide order dated 7.2.2019 passed in WMP.Nos.4145, 4146 and 4147/2019) COMMON PRAYER: Petitions under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to permit the members of the petitioner Associations to put up concrete structure in the allotted area covered with iron rolling shutter or any other structure that may be specified by the respondents in order to secure and safeguard their goods as that is allowed in the case of Burma Bazaar and China Bazaar.
For Petitioners : Mr.R.Syed Mustafa For Respondents : Mr.P.H.Aravind Pandian Addl. Advocate General assisted by Mr.R.Arunmozhi COMMON ORDER (Order of the Court was made by M.DURAISWAMY,J.) The petitioners have filed the above writ petitions to issue a writ of mandamus directing the respondents to permit the members of the petitioner Associations to put up concrete structure in the allotted area covered with iron rolling shutter or any other structure that may be specified by the respondents in order to secure and safeguard their goods as that is allowed in the case of Burma Bazaar and China Bazaar.
2. When the writ petitions are taken up for hearing, the learned counsel appearing for the petitioners submitted that the issue involved in the present writ petitions was referred to the Town Vending Committee and that the Town Vending Committee, by order dated 9.7.2019, rejected the prayer made by the petitioners.
3. Since the request made by the petitioners has been rejected by the Town Vending Committee, the relief sought for in the present writ petitions has become infructuous and, accordingly, the writ petitions are dismissed as infructuous.
However, it is open to the petitioners to challenge the order dated 9.7.2019 passed by the Town Vending Committee in accordance with law. No costs.
sasi Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1 The Commissioner Corporation of Chennai Rippon Building, Chennai - 600 003.
2 The Chairman Hawking Zone Implementation Committee No.7/6, 3rd Cross Street R.A.Puram, Chennai - 600 028.
3 The Chairman Town Vending Committee Rep by its Greater Chennai Corporation Zone-5, No.61, Basin Bridge Road Old Washermenpet, Chennai - 600 021.
+3CCs to Mr.R.Syed Mustafa, Advocate,SR.Nos.63457, 63458 & 63459/19 +1cc to M/s.R.Arunmozhi, Advocate, SR.No.63298/19 W.P.Nos.12254 to 12256 of 2018 Kak(27/08/2019)