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Madras High CourtWP/33743/2007disposed of

Messrs Sri Akshaya v. The Corporqtion Of Madras

2017-11-29Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.33743 of 2007 and M.P.No.1 of 2007 Messrs.Sri Akshaya Foods, Rep. by its Proprietor A.R.Krishnan, 104, Appaswamy Koil Street, Mylapore, Chennai-600 004.

.. Petitioner Vs.

1. The Corporation of Chennai, Rep. by its Commissioner, Rippon Buildings, Chennai-3.

2. The Inspector of Police, D-5, Anna Square Police Station, Chennai.

3. The Inspector of Police, D-6, Marina Police Station, Chennai.

4. The Secretary to Public Works Department, Government of Tamil Nadu.

5. The Secretary to Municipal Administration Department, Government of Tamil Nadu.

(Respondents 4 and 5 impleaded as per Suo Motu Order dated 23.01.2008 in W.P.Nos.32339, 33485, 33490 and 37343 of 2007) .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to forbear the respondents, their officials, workers, men and agents from in any way preventing or stopping the Ice Cream Mobile Vending Units of the petitioner's concern from entering into the service lands of the Marina Beach and Anna Square Beach for selling Ice Creams to the general public.

For petitioner : Mr.S.Sathyanarayanan For respondents : Mr.R.Arun Mozhi for R-1 Mr.S.Diwakar, Spl.G.P. for RR-2 to 5

ORDER

The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Mandamus to forbear the respondents, their officials, workers, men and agents from in any way preventing or stopping the Ice Cream Mobile Vending Units of the petitioner's concern from entering into the service lands of the Marina Beach and Anna Square Beach for selling Ice Creams to the general public.

2. Now that a Vending Committee has been constituted by the Corporation of Chennai. Hence, it is open for the petitioner to approach the said Vending Committee with a personal hearing, which shall consider the prayer of the petitioner made in this Writ Petition, within a period of one month from the date of receipt of a copy of this order.

3. With the above observations and direction, the Writ Petition is disposed of. No costs. The Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar cs To

1. The Corporation of Chennai, Rep. by its Commissioner, Rippon Buildings, Chennai-3.

2. The Inspector of Police, D-5, Anna Square Police Station, Chennai.

3. The Inspector of Police, D-6, Marina Police Station, Chennai.

4. The Secretary to Public Works Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.

5. The Secretary to Municipal Administration Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.

+1 cc to M/s.R.Arunmozhi Advocate sr 84794 +1 cc to the Govt Pleader sr 85426 W.P.No.33743 of 2007 aa29/11/2017