R.Elumalai v. The Corporation Of Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.19238 OF 2021 AND WMP.NOS.20544, 20547 OF 2021 P.Elumalai, Having shop at No:1057, 16th Central Cross Street, Mahakavi Bharathi Nagar, Chennai - 600 039 .. Petitioner ..Vs..
1. The Corporation of Chennai, Rep. by its Commissioner, Rippon Buildings, Poonamallee High Road, Chennai - 600 003.
2. The Executive Engineer - 1, Zone - 4, 206, Tiruvottiyur Highways, Greater Chennai Corporation, Chennai.
3. Mr. Sirjudeen, No.17, TVK 2nd Link Road, Tiruvalluvar Nagar, Kodungaiyur, Chennai - 118. .. Respondents Prayer:
Writ petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus calling upon the entire records in pursuant to the proceedings in Ma.Na.Ka.No.436/2021 dated 21.06.2021 passed by 2nd respondent and quash the same as illegal, arbitrary and unjust in Law and consequently direct the respondents to consider the petitioner's representation dated 31.08.2021 and remove the bunk shop run by the 3rd respondent herein.
For Petitioner : Mr.M.Manimaran For Respondents: M/s.P.T.Ramadevi Standing counsel for respondents https://hcservices.ecourts.gov.in/hcservices/
O R D E R
This Writ petition has been filed challenging the proceedings of the 2nd respondent dated 21.06.2021, wherein, the petitioner is questioning the permission granted by the 2nd respondent to the 3rd respondent to locate his bunk shop next to the TASMAC shop.
2. Heard Mr.M.Manimaran, learned counsel for the petitioner and Ms.P.T.Ramadevi, learned standing counsel appearing on behalf of respondents 1 and 2.
3. In the considered view of this Court, the petitioner does not have any legal right to question the permission granted by the 2nd respondent. This case has arisen more out of business rivalry and the petitioner apprehends that if the Petty shop is located next to the TASMAC shop, his business will be affected. These are not cases, where the extraordinary writ jurisdiction can be invoked.
4. In the result, this writ petition is dismissed. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar RAP/RR To
1. The Commissioner The Corporation of Chennai, Rippon Buildings, Poonamallee High Road, Chennai - 600 003.
2. The Executive Engineer - 1, Zone - 4, 206, Tiruvottiyur Highways, Greater Chennai Corporation, Chennai.
+1cc to M/s.P.T.Ramadevi, Standing Counsel, Sr.No.46394 W.P.No.19238 of 2021 and WMP.Nos.20544, 20547 of 2021 KSM(CO) CS/24/09/2021 https://hcservices.ecourts.gov.in/hcservices/