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Madras High CourtWP/8774/2015disposed of

M.Vasantha v. The Commissioner

2015-03-27Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.8774/2015 & MP.No.1/2015 M.Vasantha ... Petitioner

Versus

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

2. The Assistant Commissioner Corporation of Chennai Zone V, Basin Bridge Chennai.

3. The Assistant Executive Engineer Corporation of Chennai, Ward 14, Pudupet, Chennai.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents, their men, agents, representatives, servants, subordinates or assigns from interfering with the peaceful business of the petitioner in Bunk shop situated behind the Annamalai University Building at Montieth Road, Egmore, Chennai.

For Petitioner :

Mr.K.Kannan For RR 1 to 3 :

Mr.P.V.Selvakumar

ORDER

Heard Mr.K.Kannan, learned counsel appearing for the petitioner and Mr.P.V.Selvakumar, learned counsel accepting notice for the respondents 1 to 3 and with their consent, the writ petition itself is disposed of at the admission stage itself.

2.The petitioner has filed this writ petition to forbear the respondents, their men, agents, representatives, servants, subordinates or assigns from interfering with the peaceful business of the petitioner in Bunk shop situated behind the Annamalai University Building at Montieth Road, Egmore, Chennai. 3.According to the petitioner, she is running a Bunk Shop for the past 21 years in Montieth Road, Egmore, selling eatables after obtaining license from the respondent/Corporation. It is submitted that the license granted to the petitioner expired on 06.03.2015 and the petitioner has applied for renewal. The petitioner states that the said Bunk shop is the only source for her livelihood and she is having two female children to support and if the petitioner is evicted from the said place, she would be greatly prejudiced. In this regard, a representation has been given to the respondents on 17.03.2015.

4.Further, from the typed set of papers, it is seen that the petitioner have applied for renewal of license and the same has been sent by Speed Post to the 1st respondent on 16.03.2015. It is not known as to whether the application for renewal of license has been received and whether the same has been considered and disposed of. 5.In the light of the above, there will be a direction to the petitioner to enclose a copy of the renewal application along with this order and forward the same to the 2nd respondent and on receipt of the same, the 2nd respondent shall consider the petitioner's application, after notice to the petitioner and pass orders on merits and in accordance with law within a period of two weeks from the date of receipt of such copy of the renewal application. Till then, the respondents shall not interfere with the petitioner's running of the Bunk shop in the said place.

6.The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP

To

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

2. The Assistant Commissioner Corporation of Chennai Zone V, Basin Bridge Chennai.

3. The Assistant Executive Engineer Corporation of Chennai, Ward 14, Pudupet, Chennai.

+1cc to Mr.K.Kannan, Advocate, S.R.No.12172 WP.No.8774 of 2015 MG(CO) CA(31/03/2015)