R.Ayyalusamy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. No.39363 of 2016 and WMP No.33684 of 2016 R.Ayyalusamy ... Petitioner Vs.

The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003 ...

Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India for issue of writ of mandamus forbearing the respondent, his subordinates from disturbing the peaceful running of the bunk shop at Mount Poonamallee High Road, abutting the compound wall of the South India Surgical Co. Ltd., Chennai For Petitioner : Mr.A.Kumanaraja For Respondents: Mr.P.V.Selvakumar

O R D E R

The petitioner is stated to be a physically challenged person and had put up a bunk shop at Mount Poonamallee High Road, abutting the compound wall of the South India Surgical Co. Ltd., Chennai, about one week ago. Since the petitioner is the breadwinner of the family and a physically handicapped person, he seeks for a writ of mandamus prohibiting the respondent from disturbing his peaceful running of the said bunk shop.

2. Roads are meant for traffic and platforms are means for pedestrians. If roads and platforms are to be encroached upon by the people like the petitioner, definitely it would go against the public interest. Flow of traffic will be affected and the people will be made to walk on the road resulting in causing of injuries and accidental death. Unless the petitioner has got any right, he cannot ask for any mandamus. Hence, the writ petition fails.

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3.In the result, writ petition is dismissed. No costs. Consequently, connected W.M.P is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rgr To The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

W.P. No.39363 of 2016 scd[co] srg 08/12/2016 https://hcservices.ecourts.gov.in/hcservices/