R.Venkatesan, S/O.Ponnusamy v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2018
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.19747 to 19749 of 2018 P.Venkatesan
...Petitioner in W.P.No.19747 of 2018
M.Thirumalairajan
...Petitioner in W.P.No.19748 of 2018
C.Kamaraj
...Petitioner in W.P.No.19749 of 2018
Vs.
1. The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai 6000 003.
2. The Chairperson/ Zonal Executive Engineer Zone No.9, (The Town Vending Committee) Corporation of Chennai, Chennai 600 034.
...Respondents in all the petitions
PRAYER in W.P.No.19747 of 2018:
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, servants from interfering with the running of the petitioner's bunk shop at New No.24, Old No.21, opposite to Door No.6/2 Pycrofts Garden Road, Nungambakkam, Chennai 600 006, wherein selling tea, coffee and food items till his application dated 23.06.2018 for grant of certificate of vending is decided by the 2nd respondent.
PRAYER in W.P.No.19748 of 2018:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 2nd respondent to consider and pass orders on the petitioner's representation dated 28.06.2018 for grant of Certificate of Vending and not to disturb with the running of the petitioner's bunk shop at backside Ground Shephered, Subbarajan Street, Nungambakkam, Chennai 600 034, wherein selling tea, coffee and food items by using L.P.G. Gas stove till such time.
PRAYER in W.P.No.19749 of 2018:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 2nd respondent to consider and pass orders on the petitioner's representation dated 28.06.2018 for grant of Certificate of Vending and not to disturb with the running of the petitioner's bunk shop at near Parsan Apartment, Cathedral Garden Road, Nungambakkam, Chennai 600 034, wherein selling tea, coffee and food items till such time. For Petitioners : Mr.R.Kamaraj For Respondents : Mr.V.C.Selvasekaran
ORDER
Mr.V.C.Selvasekaran, learned Standing Counsel takes notice on behalf of the respondents. By consent of the learned counsel appearing for the parties, these writ petitions are taken up for final hearing.
2. The petitioners have come forward with these writ petitions seeking for issuance of writ of mandamus to forbear the respondents from interfering with the petitioners' bunk shop till their applications for grant of licence are decided by the second respondent.
3. It is the case of the petitioners that they are running bunk shops in Chennai for their livelihood and their applications for issuance of licence is pending and in the meanwhile, respondents are interfering with the running of their shop. Hence, the present writ petitions.
4. The learned counsel for the petitioners submitted that the petitioners would be satisfied, if a suitable direction is issued to the second respondent to consider the applications of the petitioners.
5. The learned Standing Counsel for the respondents submitted that the applications of the petitioners would be considered in accordance with law.
6. Considering the submissions of the learned counsels on either side, this Court without going into the merits of the case, directs the second respondent to consider the applications of the petitioners and pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above direction, the writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pvs To
1. The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai 6000 003.
2. The Chairperson/ Zonal Executive Engineer Zone No.9, (The Town Vending Committee) Corporation of Chennai, Chennai 600 034.
+3cc to Mr.R.Kamaraj, Advocate sr.no.52930 to 52932 WP.No.19747 to 19749 of 2018 nr 24/08/2018