P.Krishnamurthy v. A.V.Narayana Sha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and M.P. No. 1 of 2014 P.Krishnamurthy ... Petitioner Vs

1. A.V.Narayana Sha

2. Kanagasabapathy

3. Corporation of Chennai, Rep. by its Commissioner, Ripon Buildings, Chennai - 600 003.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to take preventive measures against the first respondent and to stop the trade being carried on illegally by the first respondent in premises bearing Old No. 94/2, New No. 64/2, Kalavai Chetty Street, Chintadripet, Chennai - 600 002. 1/5

For Petitioner : Mr. S.Sadasharam For Respondents : Mr. E.C.Ramesh, Standing Counsel (for R3)

O R D E R

This Writ Petition has been filed for directing the third respondent to take preventive measures against the first respondent and to stop the illegal trade being carried on by the first respondent in the premises bearing Old No. 94/2, New No. 64/2, Kalavai Chetty Street, Chintadripet, Chennai - 600 002.

2. Heard the learned counsel for the petitioner and learned standing counsel appearing for the third respondent and perused the materials available on record.

3. The petitioner submitted a representation before the Inspector of Police, F-1, Police Station, Chintadripet, Chennai, to take appropriate action against the first and second respondents for running a Chicken and 2/5

Mutton Stall. Subsequently, a letter was issued by the Tamil Nadu Vanigar Sangankalin Peravai to the third respondent to stop the installation or commencement of the chicken and mutton stall. Further, the first and second respondents are already running a chicken and mutton stall at No. 129, West Coovam River Road, Chintadripet, Chennai, under the name and style of S.V. Chicken, without any license from the third respondent. Now, after a period of ten years from the date of the petitioner's representation, it cannot be directed to the third respondent to take appropriate action against the first and second respondents without knowing the present status.

4. In view of the above facts and circumstances, the petitioner is at liberty to submit a fresh representation to the third respondent if the first and second respondents are running the Chicken and Mutton Stall without any license from the third respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the third respondent is directed to conduct an enquiry after issuing notice to the petitioner and the first and second respondents, and after giving them an opportunity of hearing, to pass an order on merits and in accordance with 3/5

law within a period of six weeks thereafter.

5. With the above directions, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 16.08.2024 Index:Yes/No kv To The Commissioner, The Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

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G.K.ILANTHIRAIYAN, J.

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