S.Kalyani v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA and W.M.P.No.13078 of 2023 S.Kalyani ... Petitioner Vs.

1.The Commissioner, Greater Corporation of Chennai, Ribbon Building, Park Town, Chennai - 600 003.

2.The Assistant Commissioner, Greater Corporation of Chennai, Zone - 5, Division - 113, Valluvar Kottam (Lake Area), Nungambakkam, Chennai - 600 034.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 30.03.2023 and permit the petitioner to run mobile bunk shop at Chokkalingam Street, near Passport Office, Nungambakkam, Chennai - 600 034.

For Petitioner : Mr.S.Pushpakaran For Respondents : Mr.E.C.Ramesh Standing Counsel 1/5

ORDER

This writ petition has been filed by the petitioner seeking issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 30.3.2023 and permit the petitioner to run mobile bunk shop at Chokkalingam Street, near Passport Office, Nungambakkam, Chennai-600 034.

2. The case of the petitioner is that she is unemployed and in order to eke out her livelihood, she had set up a bunk shop at Chokkalingam Street, near Passport Office, Chennai-34 and is selling fruits, vegetables and other eatables. The further case of the petitioner is that even though she is running the said bunk shop without causing any hindrance to traffic and pedestrian movement, respondents 1 and 2 are threatening her to remove the bunk shop. The petitioner has submitted a representation dated 30.3.2023 to the respondents seeking permission to run the mobile bunk shop. As the said representation did not evoke any response, the petitioner has filed the present writ petition.

3. Today, when the matter is taken up for hearing, Mr.E.C.Ramesh, learned Standing Counsel appearing for the 2/5

respondents, submitted that, if four weeks' time is granted, the respondents will consider the representation of the petitioner dated 30.3.2023 and pass appropriate orders.

4. Recording the submission made by learned Standing Counsel appearing for the respondents and without going into the merits of the representation of the petitioner, the writ petition is disposed of with a direction to the respondents to consider and pass orders on the representation of the petitioner dated 30.3.2023, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order and communicate a decision thereon to the petitioner. Till the disposal of the representation of the petitioner, no coercive action shall be taken by the respondent authorities. Consequently, W.M.P.No.13078 of 2023 is closed. There will be no order as to costs.

05.05.2023 Internet : Yes /No sasi/bbr 3/5

To 1.The Commissioner, Greater Corporation of Chennai, Ribbon Building, Park Town, Chennai - 600 003.

2.The Assistant Commissioner, Greater Corporation of Chennai, Zone - 5, Division - 113, Valluvar Kottam (Lake Area), Nungambakkam, Chennai - 600 034.

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A.D.JAGADISH CHANDIRA.,J (sasi)/bbr 05.05.2023 5/5