Victoria v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2019

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.12948 of 2019 Victoria ... Petitioner Vs.

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

2.Zonal Officer, Zone V, Greater Chennai Corporation, Moolakothalam, Chennai - 600 079.

3.The Commissioner of Police, Vepery, Chennai - 600 007.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to dispose of the petitioner's representation dated 15.04.2019, including vending committee constituted by the first respondent for grant licence to continue to run the petty shop and till such tie, forbear the first respondent from in any manner interfering with the running of petitioner bunk shop at Wannels Road, by the side of Anderson Church, Opp M.T.C. Bus Terminus (Egmore Railway Station), Egmore, Chennai - 600 008, selling tea, coffee, snacks, sandwich and fresh juice (measurement about 8 x 6).

For Petitioner : Ms.Beulah John Selvaraj N.

For R1 & R2 : Mr.Karthikaa Ashok For R3 : Mr.V.Shanmuga Sundar, Special Government Pleader

O R D E R

The petitioner has filed the Writ Petition praying to issue a WRIT OF MANDAMUS, directing the respondents to dispose of the petitioner's representation dated 15.04.2019, including vending committee constituted by the first respondent for grant licence to continue to run the petty shop and till such tie, forbear the first respondent from in any manner interfering with the running of petitioner bunk shop at Wannels Road, by the side of Anderson Church, Opp M.T.C. Bus Terminus (Egmore Railway Station), Egmore, Chennai - 600 008, selling tea, coffee, snacks, sandwich and fresh juice (measurement about 8 x 6).

2.According to the learned counsel for the petitioner, the petitioner made a request for running a small bunk shop at Wannels Road, by the side of Anderson Church, Opp M.T.C. Bus Terminus (Egmore Railway Station), Egmore, Chennai - 600 008, for selling tea, coffee, snacks, sandwich and fresh juice (measurement about 8 x 6). The petitioner has made the representation to the respondents seeking Certificate of Vending for running the aforesaid bunk shop. However, till date, no order has been passed by the respondents. Hence, the petitioner has come forward with this writ petitioner with the aforesaid prayer.

3.The leaned Standing Counsel appearing for the first and second respondents would submit the request made by the petitioner will be considered by the first respondent on merits and in accordance with law.

4.Without expressing any opinion, this Court is inclined to direct the first respondent to consider the petitioner's representation dated 15.04.2019 and pass orders on merits and in accordance with law, within a period of twelve weeks, from the date of receipt of a copy of this order, after providing opportunity to the petitioner.

5.The Writ Petition is disposed of with the above direction. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

ah To 1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

2.Zonal Officer, Zone V, Greater Chennai Corporation, Moolakothalam, Chennai - 600 079.

3.The Commissioner of Police, Vepery, Chennai - 600 007.

+1 cc to M/s.N.Beulah John Selvaraj, Advocate Sr.No.41550 +1 cc to M/s.Karthikaa Ashok, Advocate Sr.No.41759 W.P.No.12948 of 2019 RSK(CO) CSL/04.06.2019