Gopinath v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 13.06.2019

CORAM:

THE HONOURABLE MR. JUSTICE DR.G.JAYACHANDRAN Writ Petition No.12117 of 2019 and WMP.No.12393 of 2019 Gopinath Petitioner Vs 1.The Commissioner, Corporation of Greater Chennai, Rippon Buildings, Chennai - 600 003.

2.The Chairman, Street vending committee-Zone-9, Chennai Corporation Office, Valluvarkottam backside, Nungambakkam, Chennai-34 Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any appropriate writ or order or direction in the nature of writ, directing the respondents to consider the petitioner's representation dated 11.04.2019 for grant of license/permission to run petty shop and pass orders and till such time forbear the first respondent, their official, servant from in any manner interfering with the running of petitioner's petty shop namely Sujatha's Kitchen at Near Vesley Church, Whites Road, opposite of Express Avenue, Royapettah, Chennai -14 by selling food and other snacks.

For petitioner : Mr.P.Surendran For Respondents : Mrs.Karthika Ashok

O R D E R

Heard the learned counsel for the petitioner and the learned standing counsel for the Corporation. The case of the petitioner is that he has put up a petty shop at Near Vesley Church, Whites Road, opposite of https://hcservices.ecourts.gov.in/hcservices/

Express Avenue, Royapettah, Chennai -14. The first respondent is trying to interfere with the running of the petty shop as it is an un authorized shop. Whereas, he has given a representation on 11.04.2019 for granting licence and it is pending. The learned standing counsel for the Corporation would submit that the Committee which has assessed the un authorized vendors has not found the shop when the assessment took place and the petty shop of the petitioner have cropped up recently. Since it is an un authorized shop, the shop has bound to be removed and if at all any representation is given, it should be considered taking note of the feasibility and location.

Recording the submission of the respondents, the writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Liberty given to the writ petitioner to make representation to the authorities concerned and seek for permission before putting up any stall. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar sbn/rpl To 1.The Commissioner, Corporation of Greater Chennai, Rippon Buildings, Chennai - 600 003.

2.The Chairman, Street vending committee-Zone-9, Chennai Corporation Office, Valluvarkottam backside, Nungambakkam, Chennai-34 +1cc to Mr.P.Surendran, Advocate SR.No.48695 +1cc to Mrs.Karthika Ashok, Advocate SR.No.47909 Writ Petition No.12117 of 2019 and WMP.No.12393 of 2019 NMI(CO) GMY(02/07/2019) https://hcservices.ecourts.gov.in/hcservices/