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Madras High CourtWP/17458/2018disposed of

Joseph, v. The Commissioner,

2018-07-16Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.07.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.17458 of 2018 Joseph ... 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 1st respondent to dispose of the petitioner's representation dated 30.01.2018 include before vending committee constituted by the 1st respondent in the running petitioner's petty bunk shop at on the line of on the line of Sterling Road, by the side IOB Officers Quarters, Vinayagar Temple, Opp. Layola College, Nungambakkam, Chennai-34, selling Tea, Coffee, snacks and fresh vegetable 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, Mr.V.C.Selvasekaran, learned Standing counsel for the 1st respondent and Mr.V.Shanmugasundar, learned Special Government Pleader for the 2nd respondent and 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 1st respondent to dispose of his representation dated 30.01.2018 by the Vending Committee constituted by the 1st respondent in the running petitioner's petty bunk shop at on the line of on the line of Sterling Road, by the side IOB Officers Quarters, Vinayagar Temple, Opp. Layola College, Nungambakkam, Chennai-34, https://hcservices.ecourts.gov.in/hcservices/

selling Tea, Coffee, snacks and fresh vegetable 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 30.01.2018.

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, Chennai Corporation Chennai.

+1 CC to M/s.N.A. Sadique, Advocate sr 46842. W.P.No.17458 of 2018 SP(30/07/2018) https://hcservices.ecourts.gov.in/hcservices/