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Madras High CourtWP/23307/2018dismissed

T.Priya, v. The Principal Secretary,

2018-09-07Honourable Mr Justice S. Manikumar,Honourable Mr Justice Subramonium Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2018

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD WP.No.23307 of 2018 and WMP No.27208 of 2018 T. Priya ... Petitioner vs.

1. The Principal Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2. The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai - 600 003.

3. The Zonal Officer, Zone-VII (Ambattur), Thiruvallur Highways, Chennai - 600 053.

4. The Regional Officer, Food Safety and Standards Authority of India [FSSAI], Thiruvallur, Thiruvallur District.

... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, directing the respondents to consider the petitioner's representation dated 30.08.2018 and thereby forbearing the respondents from in any way establishing eatery namely AMMA Unavagam / AMMA canteen very next to the crematorium and garbage segregation place functioning at No.92 ward Mogappair Salai, Ambattur Zone, Padi, Chennai - 600 050. For Petitioner : Mr.S.Sarath Chandran for Mr.R.Baskaran.

For Respondents: Mr.E.Manoharan, (For R1 & R4) Additional Government Pleader.

Mr.K.Soundarrajan (for R2 & R3) Standing counsel https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by S.MANIKUMAR, J) T.Priya, advocate has sought for a writ of mandamus, directing the respondents to consider her representation dated 30.08.2018 and to forbear the respondents from in any way establishing eatery namely AMMA Unavagam / AMMA canteen, very next to the crematorium and garbage segregation place functioning at No.92 ward Mogappair Salai, Ambattur Zone, Padi, Chennai - 600 050.

2. On this day, when the matter came up for admission, on instructions, Mr.K.Soundarrajan, learned standing counsel for the Commissioner, Greater Chennai Corporation, Chennai and the Zonal Officer, Zone-VII (Ambattur), Chennai, respondents 2 and 3, respectively, submitted that there is no proposal to establish an eatery viz., AMMA Unavagam / AMMA canteen at No.92 ward Mogappair Salai, Ambattur Zone, Padi, Chennai - 600

050. Submission is placed on record.

3. Writ petition filed without ascertaining the above said fact, is wholly misconceived and unwarranted. Placing on record the submissions of the learned counsel for Corporation, Writ Petition is dismissed. No costs. Consequently, the connected Writ Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ars To

1. The Principal Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2. The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai - 600 003.

3. The Zonal Officer, Zone-VII (Ambattur), Thiruvallur Highways, Chennai - 600 053.

4. The Regional Officer, Food Safety and Standards Authority of India [FSSAI], Thiruvallur, Thiruvallur District.

+ 1 cc to Mr. Baskaran, Advocate R.61890 + 1 cc to Mr. Government Pleader Sr.62317 + 1 cc to Mr. Soundararajan, Advocate SR.62761 WP.No.23307 of 2018 and WMP No.27208 of 2018 (CS-IV) EU(25/09/2018) https://hcservices.ecourts.gov.in/hcservices/