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Madras High CourtWP/16849/2016disposed of

R.Perumal, v. The Government Of Tamil Nadu,

2016-04-29Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM W.P.NO.16849 OF 2016 AND WMP NO.14456 OF 2016 R.Perumal ..

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 06.04.2016 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 No.111/2, Sterling Road, Nungambakkam, Chennai - 600 034.

For Petitioner :

Mr.N.Srinivasan For Respondents 1 & 3 : Mr.N.Roofus Abraham Government Advocate For Respondent - 2 :

Mr.P.V.Selvakumar

O R D E R

Heard Mr.N.Srinivasan, learned counsel appearing for the petitioner, Mr.N.Roofus Abraham, learned Government Advocate, accepting notice on behalf of the respondents 1 and 3 and Mr.P.V.Selvakumar, 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 his representation dated 06.04.2016, as per the provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and till final decision is taken thereon, also seeks for forbearing the respondents and their subordinates in any manner evicting or disturbing the bunk shop run by him at No.111/2, Sterling Road, Nungambakkam, Chennai - 600 034.

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 petitioners 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.

TK -s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar 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.

+ 1 cc to Mr.P.V.Selvakumar, GCOC, SR 27760 + 1 cc to Mr.N.Srinivasan, Advocate, SR 27525 + 1 cc to Govt.Pleader, High Court, Madras SR 27927 ca(co) prk6/6 W.P.NO.16849 OF 2016