M.S.Akbar Ali v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.05.2025 CORAM :
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY AND THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P.No.19422 of 2025 and W.M.P.No.21681 of 2025 M.S.Akbar Ali, S/o, Muhammed Shali, No.69, Erikarai Salai, Kottur, Chennai-600 085.
Petitioner Vs 1.The Commissioner Rippon Building, Chenna-600 003.
2.The Regional Deputy Commissioner, Regional Deputy Commissioner Office, 36-B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai-600 030.
3.The Chairman, Zone-09 (Ward Committee) Zone-09 (Teynampet) No.4, 4th Cross Street, Lakeview Road, Chennai - 600 034.
4.The Zonal Officer Zone-9, Greater Chennai Corporation, No.4, 4th Cross Street, Lake View Road, Nungambakkam, Chennai - 600 034.
5.The Assistant Engineer, Zone-09, Ward -110, Rippon Building, Chennai - 600 003.
6.The Asst. Revenue Officer, Zone -09, Revenue Department, 1, Near Tennis Stadium, Lake Area, 4th Cross Street, Nungambakkam, Chennai-600 034.
Respondents PRAYER Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, to issue directions to the 5th Respondent to refrain from dispossessing and interfering with the Petitioners peaceful possession in running her bunk shop in Valluvar Kottam Bus Stop, Chennai till the respondents formulates and finalizes a proposal or scheme concerning the regulation of street vendors in the locality, as it is likely to be implemented very soon.
For Petitioner:
Mr.Jenith Joshua P and Mr.Rajesh M For Respondents: Mr.D.R.R.Prabhu Standing Counsel
ORDER
(Order of the Court was made by Senthilkumar Ramamoorthy, J.) The petitioner seeks a direction to the fifth respondent to restrain the said respondent from dispossessing the petitioner of the bunk shop at Valluvarkottam Bus Stop.
2. Mr.D.B.R.Prabhu, learned Standing Counsel, accepts notice on behalf of all the respondents. He submits that the Greater Chennai Corporation passed a resolution for removal of all bunk shops from the roads. He also submits that action is being taken against the petitioner by following due process.
3. From the affidavit, it appears that the petitioner is a physically disabled person with about 70% permanent locomotor
disability. It is also stated that the petitioner has been running the bunk shop for about 20 years.
4. In these circumstances, without examining the merits of the petitioner's representation, the third respondent is directed to consider and dispose of the representation dated 19.05.2025, within a period of fifteen days from the date of receipt of a copy of this order, after providing a reasonable opportunity to the petitioner. Until such time, the respondents shall not take any coercive action to dispossess the petitioner from the bunk shop.
5. The writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
(S.K.R., J.) (T.V.T.S., J.) 28.05.2025 Index :
No No bbr/vum
To 1.The Commissioner Rippon Building, Chenna-600 003.
2.The Regional Deputy Commissioner, Regional Deputy Commissioner Office, 36-B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai-600 030.
3.The Chairman, Zone-09 (Ward Committee) Zone-09 (Teynampet) No.4, 4th Cross Street, Lakeview Road, Chennai - 600 034.
4.The Zonal Officer Zone-9, Greater Chennai Corporation, No.4, 4th Cross Street, Lake View Road, Nungambakkam, Chennai - 600 034.
5.The Assistant Engineer, Zone-09, Ward -110, Rippon Building, Chennai - 600 003.
6.The Asst. Revenue Officer, Zone -09, Revenue Department, 1, Near Tennis Stadium, Lake Area, 4th Cross Street, Nungambakkam, Chennai-600 034.
SENTHILKUMAR RAMAMOORTHY ,J.
and T.V.THAMILSELVI , J.
bbr/vum W.P.No.19422 of 2025 and W.M.P.No.21681 of 2025 28.05.2025