J.Rathy v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.02.2016 Coram The Hon'ble Mr.Justice T.S.SIVAGNANAM Writ Petition No.6533 of 2016 & W.M.P.No.5811 of 2016 J.Rathy
...Petitioner
Vs.
1.The Government of Tamilnadu Rep by its Secretary, Local Administration Dept Secretariat, Fort.St.George Chennai-600 009 2.The State Commissioner for Differently Abled persons Office of the State Commissioner for Differently abled persons SRDC, Jawaharlal Nehru Inner Ring Road K.K.Nagar, Chennai-600 078 3.The Commissioner Corporation of Chennai Rippon Building Chennai-600 003 4.The Commissioner of Police Greater Chennai Vepery, Chennai-600 007
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the 3rd respondent to consider and pass orders on the petitioner's representation dated 23.01.2016 as per the provisions of Street Vending (Protection of Livelihood and Regulation of Street Vendors Act, 2014 and till final decision is taken thereon, forbearing the respondents and their subordinates in any manner evicting or disturbing the bunk shop run by the petitioner at old No.4, New No.149, Montieth Road, Egmore, Chennai-600 008. For Petitioner ...
Mr.S.Pushpakaraan For respondents ...
Mr.M.L.Mahendran for R 1,2 and 4 Mr.P.V.Selvakumar for R3
O R D E R
Heard learned counsel for the petitioner, Mr.M.L.Manoharan, learned counsel for respondents 1,2 and 4 and Mr.P.V.Selvakumar for the 3rd respondent.
2. With the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal, at the admission stage itself.
This writ petition has been filed praying to direct the second respondent to consider and pass orders on the petitioner's representation dated 23.01.2016 as per the provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vendors Act, 2014 and till final decision is taken thereon, forbearing the respondents and their subordinates in any manner evicting or disturbing the bunk shop run by the petitioner at Old No.4, New No. 149, Montieth Road, Egmore, Chennai-8.
4. The petitioner is running bunk shop in the place mentioned above. However, according to the petitioner, the officials of the respondents are interfering with his business in running the bunk shop and are trying to evict him. Therefore, the petitioner gave representation dated 23.01.2016 to the 3rd respondent and thereafter, has come up with the above writ petition.
5. Without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the 3rd respondent to consider the representation of the petitioner dated 23.01.2016, on merits and pass appropriate orders thereon, in accordance with law, within a period of eight weeks, from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. Till such time, the 3rd respondent passes appropriate orders, the petitioner shall not be dis-possessed from the place.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar
To 1.The Secretary toGovernment of Tamilnadu Local Administration Dept Secretariat, Fort.St.George Chennai-600 009 2.The State Commissioner for Differently Abled persons Office of the State Commissioner for Differently abled persons SRDC, Jawaharlal Nehru Inner Ring Road K.K.Nagar, Chennai-600 078 3.The Commissioner Corporation of Chennai Rippon Building Chennai-600 003 4.The Commissioner of Police Greater Chennai Vepery, Chennai-600 007 + 1 cc to MR.P.V. Selvakumar, Advocate Sr.11167 + 1 cc to M/s. S.Pushpakaran, Advocate SR.11222 Writ Petition No.6533 of 2016 & W.M.P.No.5811 of 2016 SAI(CO) Eu 17.03.16