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Madras High CourtWP/26134/2017disposed of

A.M.Rajan v. The Corporation Of Chennai

2017-10-12Honourable Mr Justice S. Vaidyanathan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.10.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.26134 of 2017 and W.M.P.No.27771 of 2017 A.M.Rajan

...Petitioner

Vs

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

2. The Assistant Executive Engineer, Zone, Pudupet Market Road, Pudupet, Chennai 600 002.

.... Respondents Writ petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to regularise the Bunk shop of the petitioner functioning at the junction of Ethiraj Salai and Marshall's Road Platform, Opposite to Door No.26, Ethiraj Salai, Chennai 600 002, or in the alternate to relocate with a reasonable distance from the present location pursuant to the directions and orders passed by the Hon'ble Supreme Court in W.P.No.1141 of 1987, dated 18.09.1987, within the stipulated timeframe granted by this Court.

For Petitioner :

Mr.S.Narayanan For Respondents :

Mr.T.C.Gopalakrishnan

O R D E R

The petitioner has come forward with this petition praying to direct the respondents to regularise the Bunk shop of the petitioner, functioning at the junction of Ethiraj Salai and Marshall's Road Platform, Opposite to Door No.26, Ethiraj Salai, Chennai 600 002, or in the alternate to relocate with a reasonable distance from the present location pursuant to the directions and orders passed by the Hon'ble Supreme Court in W.P.No.1141 of 1987, dated 18.09.1987, within the stipulated timeframe granted by this Court.

2. According to the petitioner, the petitioner is an unemployed youth and with the help of Association, he installed a Snack Bunk Shop in the junction of Commander-in Chief Road (now named as Ethiraj Salai Road) and the City Police Commissioner (Traffic) has issued "No Objection Certificate" by a communication dated 23.09.1983 and that the proposed site is not a hindrance both to the public and to the traffic. According to the petitioner, the bunk was inaugrated by the former Minister for Law and Co-operation, Government of Tamil Nadu. Since the petitioner's bunk was threatened to be removed by the authorities, he filed W.P.No.1141 of 1987 before the Supreme Court and the Apex Court has passed order, which reads as follows:

"..... We have considered the facts and circumstances of the case and we permit the petitioner to withdraw the Writ Petition with the observation that until the petitioner's representation is disposed of by the Municipal Corporation of Madras, the kiosk of the petitioner standing at its present location will not be disturbed, but it will be open to the Municipal Corporation of Madras to have it re-located within a reasonable distance from the present location. While disposing of the representation of the petitioner, the Municipal Corporation of Madras may take into account the earlier orders of this Court in Writ Petitions Nos.365 and 1000/87"

3. According to the petitioner, he has made several representations for regularisation of his bunk shop and no action has been taken and now he is facing threat to remove the bunk shop and the petitioner has dislocated it with great hardship. He also drew attention to the order of Apex Court saying that the representation should be disposed of taking note of the earlier orders in W.P.Nos.365 and 1000/87.

4. Eventhough no counter is filed, the learned counsel for the respondents submitted that it is not a mobile shop, it is a bunk shop and the petitioner will have to approach the Hawking Committee for redressal of his grievances and without doing so, the petitioner has filed this writ petition, which is devoid of merits. He further stated that his bunk shop is causing much hindrance to the public and pedestrians and no alternative site have been identified for the petitioner to carry on his business.

5. Heard both sides and perused the materials available on record.

6. It is represented that the bunk has already been removed and the petitioner reinstalled it. Since it is a disputed fact, this Court cannot dwell in to the same. It is not in dispute

that there is bunk shop in Ethiraj Salai Road, which according to the petitioner was allowed to be installed there, which was inaugurated by the former Minister of Law and Co-operation, without creating disturbances to the public and pedestrians. However, it has been sought to be removed and hence the petitioner filed a writ petition before the Apex Court. Pursuant to that, he has been asked to go before the Hawking Committee, which was constituted. Instead of approaching them, indirectly the petitioner has approached this Court and trying to stall the entire process and allowing the petitioner to continue in the the site cannot be permitted. The Supreme Court has already passed an order as early as on 18.09.

1987, and if the petitioner's request has not been complied with, pursuant to the order of the Apex Court, the petitioner can file a petition before the Supreme Court against the respondents for committing contempt of Court. According to the petitioner, his representations have not been disposed of and he continues to run the shop without reference to the Hawking Committee. The pavement is made for public to walk. It is true that the persons who are educated are doing own business or run a shop to eke out their livelihood, and it does not mean that they should occupy the place continuously and later make a representation to the authorities that they have not been disturbed for a long time. The bunks in the pavement will certainly make the pedestrians to walk on the road and they have to face accident.

Hence, the relief sought for by the petitioner cannot be granted. The petitioner shall appear before the Hawking Committee on 06.11.2017 or such other committee constituted for this purpose and once the petitioner approaches the committee, the representation shall be considered within one month from the date of appearance.

7. The writ petition is disposed of the with the above observation and directions. No costs. Consequently, connected miscellaneous petition is closed.

pvs 12/10/2017 This matter having been listed on 07.11.2017 for being mentioned in pursuance of the order of this court dated 12/10/2017 and made herein in the presence of M/s.S.Narayanan, Advocate for the petitioner and of M/s.T.C.Gopalakrishnan, Advocate for the Respondents the Court made the following Order:- The matter is listed under the caption "for being mentioned" today at the instance of the learned counsel for the petitioner.

2. This Court, by order dated 12.10.2017, has directed the petitioner to appear before the Hawking Committee on 06.11.2017 or such other Committee for the purpose stated in the order, and when once the petitioner approaches the Committee, the representation of the petitioner was directed to be considered within one month from the date of petitioner's appearance.

3. From the records, it is seen that the said order dated 12.10.2017 has been transferred to the computer server of the Registry on 26.10.2017 and the Officer of the Court approved the order on 30.10.2017. It seems that the order is not yet received by the petitioner. Hence, the petitioner is not able to appear before the Committee on 06.11.2017.

4. Therefore, the time is granted for the petitioner to appear before the Hawking Committee or the concerned Committee as directed in the said order, by 20.11.2017. On such appearance of the petitioner on 20.11.2017, the Committee shall consider the representation of the petitioner within one month from the said date of appearance of the petitioner, as directed in the said order dated 12.10.2017.

5. The earlier order dated 12.10.2017 is clarified accordingly and in other respects, the earlier order dated 12.10.2017 shall remain unaltered.

cs 07/11/2017 Sd/- Assistant Registrar(CCC) /TRUE COPY/ Sub Assistant Registrar pvs To

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

2. The Assistant Executive Engineer, Zone, Pudupet Market Road, Pudupet, Chennai 600 002.

3. The Secretary, The Hawking Committee, corporation of chennai Rippon Building chennai 3 +2 C.C. to M/S.S.Narayanan Advocate SR.NO. 73332 +1 C.C. to M/S.T.C.Gopalakrishnan Advocate SR.NO. 73239 W.P.No.26134 of 2017 and W.M.P.No.27771 of 2017 RK(CO) T.R (01/11/2017) GN(13/11/2017)