M.Muthuselvi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2015 C O R A M THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P. No.25488 of 2015 and M.P.No.1 of 2015 M. Muthuselvi ...

Petitioner Vs

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

2. The Commissioner of Police, Greater Chennai, EVK Sampath Road, Vepery, Chennai.7.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider and pass orders on the petitioner's request dated 1.8.2015 within a time frame and till final decision is taken, not to disturb the running of the petitioner's bunk at in front of Govérnment Royapettah Hospital, near out gate West Cott Road, Royapettah, Chennai-14.

For petitioner : Mr. S. Pushpakaran For respondents : Mrs. Karthikaa Ashok - R1 Mr.P.S.Sivashanmugasundaram Spl. Govt. Pleader - R2

O R D E R

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mrs. Karthikaa Ashok, learned counsel accepts notice on behalf of the first respondent and Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader accepts notice on behalf of the second respondent. With the consent of the learned counsel for the parties, this writ petition is taken up for final disposal at the admission stage itself.

2.

This writ petition is filed seeking a direction to the the respondents to consider and pass orders on the petitioner's request dated 1.8.2015 within a time frame and till final decision is taken, not to disturb the running of the petitioner's bunk situated in front of Govérnment Royapettah Hospital near out gate, West Cott Road, Royapettah, Chennai-14.

3.

The petitioner is stated to be running a bunk shop outside the gate of Government General Hospital, Royapettah, for several years. She has made a representation dated 01.08.2015 to the first respondent seeking permission to continue to run the said shop at the place mentioned above.

4.

Mrs. Karthikaa Ashok, learned counsel appearing for the first respondent fairly submits that the said representation will be considered on its own merits and in accordance with law, within a period of four weeks.

5. In view of the fair submission made by the learned counsel for the first respondent, we do not propose to make any observation on the merits of the case. However, we direct the first respondent to examine the petitioner's representation dated 01.08.2015 and pass appropriate orders on the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that till the final order is passed on the said representation, status quo, as obtained today, in respect of the bunk shop in question, shall be maintained. 6.

This writ petition stands disposed of accordingly. Connected Miscellaneous Petition is closed. Costs made easy. Sd/- Asst.Registrar (CS V ) /true copy/ ra Sub Asst. Registrar

To

1. The Commissioner, Chennai Corporation, Rippon Building, Chennai 600 003.

2. The Commissioner of Police, Greater Chennai, EVK Sampath Road, Vepery, Chennai.7.

+1 cc to Mrs.Karthikaa Ashok, Advocate, sr.43337. +1 cc to Mr.S.Pushpakaran, Advocate, sr.43954 W.P. No. 25488 of 2015 ggk(co), kra(2/9)