Madras High CourtWP/30032/2004disposed of

K.Murali v. The General Manager

2017-08-03Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.30032 of 2004

1. K.Murali

2. M.Abdul Hakkim

3. A.Achuthan

4. K.Dhanasekar .. Petitioners Vs.

1. The General Manager, Integral Coach Factory, Chennai-600 038.

2. The Executive Engineer, Office of the Chief Engineer, I.C.F. Administrative Office, Chennai-600 038.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to permit the petitioners to continue to carry on the mobile vending by duly renewing the petitioners' licence for mobile vending on usual terms, at the already permitted places, viz., first petitioner having mobile vending near ICF furnishing factory and the petitioners 2 to 4 near ICF Constable Road, Hr. Secondary School.

For petitioners : Mr.K.A.Ravindran For respondents : Mr.P.T.Ramkumar

ORDER

The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to permit the petitioners to continue to carry on the mobile vending by duly renewing the petitioners' licence for mobile vending on usual terms, at the already permitted places, viz., first petitioner having mobile vending near ICF furnishing factory and the petitioners 2 to 4 near ICF Constable Road, Hr. Secondary School.

2. Learned counsel for the petitioners submitted that to https://hcservices.ecourts.gov.in/hcservices/

carry on mobile vending, the petitioners were duly given licence and it was renewed periodically in terms prescribed by the ICF / Railways. The period of licence got expired. But unfortunately, it was not extended/renewed. Hence, the petitioners are forced to approach this Court for the above prayer.

3. From the typed set of documents filed along with the Writ Petition, it is clear that the licence fee was collected every year and it was periodically renewed. As stated by the learned counsel for the petitioners, without licence, the mobile vending activities cannot be carried out. As the period has expired, I find no reason to grant the relief sought for in this Writ Petition. However, this order will not preclude the petitioners from making fresh application seeking licence by paying necessary charges in terms of the guidelines prescribed by the respondents, provided such mobile vending is still permitted in the land of the ICF.

4. With the above observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar cs Copy to

1. The General Manager, Integral Coach Factory, Chennai-600 038.

2. The Executive Engineer, Office of the Chief Engineer, I.C.F. Administrative Office, Chennai-600 038.

+1cc to Mr.P.T.Ram Kumar, Advocate, S.R.No. 56151 W.P.No.30032 of 2004 PVA(CO) GN(31/08/2017) https://hcservices.ecourts.gov.in/hcservices/