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Madras High CourtWP/11009/2019disposed of

Gnanasekar, v. The Commissioner,

2019-04-16Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2019

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.11009 of 2019 Gnanasekar ..Petitioner Vs.

1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.The Chair Person, zone-IX Street, Vending Committee, Corporation of Chennai, Chennai - 600 034.

..Respondents PRAYER:

This Petition is filed under Article 226 of Constitution of India to issue a writ of mandamus to direct the second respondent to dispose of the petitioner's representation dated 25.09.2018, including vending committee constituted by the first respondent for grant licence continue to run the petty shop and till such time, forbear the first respondent from in any manner interfering with the running of petitioner bunk shop at Padmanabhan Street, by the side of GRN Selva Square Apartment, Opp. Anna Illam, Chennai - 600 017, selling waste paper mart.

For petitioner : Mr.N.A.Sadique For Respondents : Mrs.Karthikaa Ashok

ORDER

The prayer sought for in this Writ Petitions is for issuance of Writ of Mandamus, directing the second respondent to dispose of the petitioner's representation dated 25.09.2018 and till such time, forbear the first respondent from in any manner interfering with the petitioner's bunk shop.

2. The learned counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is given to the respondents to consider the representation of the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

3. According to the learned standing counsel appearing for the respondents submitted that this Court had passed an order dated 15.04.2019 in W.P.No.11321 of 2019 and the facts of the said petition are squarely applicable to the facts of the instant case and the same direction may also be given in this writ petition.

4. In the light of the submissions made by the learned counsel on either side and also considering the limited scope of prayer sought for in this writ petition, this Court, without going into merits of the case, directs the second respondent to consider the representation of the petitioner dated 25.09.2018 on merits and in accordance with law, by taking note of the objection made by the first respondent Corporation, as early as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.The Chair Person, zone-IX Street, Vending Committee, Corporation of Chennai, Chennai - 600 034.

+1 CC to Mr.N.A.Sadique, Advocate sr 35583.

+1 CC to Mrs.Karthikaa Ashok, Advocate sr 37631. W.P.No.11009 of 2019 SVI(CO) SP(02/05/2019) https://hcservices.ecourts.gov.in/hcservices/