J.Michaelraj v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2016 C O R A M THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.8588 of 2016 & WMP No.7632 of 2016 J.Michaelraj ...
Petitioner Vs
1. The Government of Tamil Nadu rep. By its Secretary Local Administration Department Secretariat Fort St. George Chennai 600 009.
2. The Commissioner Corporation of Chennai Rippon Buildings Chennai 3.
3. The Commissioner of Police Greater Chennai EVK Sampath Road Vepery Chennai 7.
...
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 17/02/2016 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 the side of Spencers Tower, near two wheeler and four wheeler parking gate, Binny Salai, Chennai-600 002.
For Petitioner ...
Mr.S.Pushpakaraan For respondents...
Mr.N.Roobus Abraham-R1 & R3 Government Advocate Mr.P.V.Selvakumar-R2
O R D E R
Heard the learned counsel for the petitioner, Mr.N.Roobus Abraham, learned Government Advocate for the respondents 1 & 3 and Mr.P.V.Selvakumar for the second respondent and 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 17/02/2016 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 the side of Spencers Tower, near two wheeler and four wheeler parking gate, Binny Salai, Chennai-600 002.
3.
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 17/02/2016 to the second respondent and thereafter, has come up with the above writ petition.
4. Without expressing any opinion on the merits of the case, the second respondent is directed to consider the representation of the petitioner dated 17/02/2016, 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. Till appropriate order is passed by the second respondent, the petitioner shall not be dis-possessed from the place.
The Writ Petition is disposed of accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
To
1. The Secretary Local Administration Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.
2. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 3.
3. The Commissioner of Police, Greater Chennai, EVK Sampath Road, Vepery, Chennai 7.
+1cc to Mr.P.V.Selvakumar, Advocate, S.R.No.14646 +1cc to Mr.S.Pushpakaran, Advocate, S.R.No.14822 +1cc to the Government Pleader, S.R.No.14977 W.P.No.8588 of 2016 vsn(CO) srg(17/03/2016)