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Madras High CourtWP/17457/2018disposed of

M.Malairaj, v. The Commissioner,

2018-07-16Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.07.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.17457 of 2018 M.Malairaj ... Petitioner

Versus

1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.

2.The Commissioner of Police, Vepery, Chennai-600 007.

... Respondents PRAYER:

Writ Petition filed under Article 226 of The Constitution of India praying to issue a writ or order or direction, particularly in the nature of writ of Mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 02.03.2018 including vending committee constituted by the 2nd respondent for grant licence continue to run the petty shop and till such time, forbear the 2nd respondent from in any manner interfering with the running of the petitioner's bunk shop at Whannels Road, Corner EVR High Road and Whannels Road, behind of Andrews church, Egmore, Chennai-600 008, selling Tea, Coffee, snacks, sandwich and fresh juice (measurement about 8 x 6).

For Petitioner : Mr.N.A.Sadique For Respondents : Mr.V.C.Selvasekaran for R1 Mr.V.Shanmugasundar Special Government Pleader for R2

ORDER

Heard Mr.N.A.Sadique, learned counsel for the petitioner and Mr.V.Shanmugasundar, learned Special Government Pleader for the respondents 1 and 2 and Mr.V.C.Selvasekaran, learned Standing counsel for the 2nd respondent and perused the materials available on record.

The petitioner has come up with this writ petition seeking for issuance of a writ of mandamus directing the 2nd respondent to dispose of his representation dated 02.03.2018 by

the Vending Committee constituted by the 2nd respondent for grant license to continue to run the petty shop and till such time, forbear the 2nd respondent from in any manner interfering with the running of the petitioner's bunk shop at Whannels Road, Corner EVR High Road and Whannels Road, behind of Andrews church, Egmore, Chennai-600 008, selling Tea, Coffee, snacks, sandwich and fresh juice (measurement about 8 x 6). The learned counsel appearing for the petitioner would submit that it is suffice, if a direction is issued to the respondents to consider and dispose of the representation submitted by the petitioner on 02.03.2018.

The learned Standing Counsel appearing for the 2nd respondent would submit that the application of the petitioner can be considered only by Zonal Officer, Zone V, Corporation of Chennai and the petitioner has not submitted any representation to the Chairperson, Town Vending Committee for consideration. In the light of the limited scope of prayer sought for by the petitioner and also the submission of the learned counsel on either sides, this Court ,without going into the merits, directs the petitioner to give a fresh representation to the Zonal Officer, Zone V, Corporation of Chennai within a period of two weeks from the date of receipt of copy of this order by enclosing a copy of this order and after such compliance, the same shall be considered by the Committee in accordance with law.

The writ petition is disposed of with the above observation. No costs.

-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar sk To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.

2.The Commissioner of Police, Vepery, Chennai-600 007.

3. The Zonal officer Zone V, Corporation of Chennai Chennai.

+1 CC to M/s. N.A. Sadique, Advocate sr 46843. W.P.No.17457 of 2018 SP(30/07/2018)