Madras High CourtWP/8782/2016disposed of

V.Rathinam, Aged 78 Years v. State Rep. By

2016-03-18Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.3.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.8782/2016 V.Rathinam ..

Petitioner Vs 1 State Rep. by The Commissioner Corporation of Chennai Rippon Building Chennai-600 003 2 The Executive Engineer Corporation of Chennai Zone-9 Valluvar Kottam Chennai-600 034 3 The Assistant Engineer Corporation of Chennai 116 Ward Unit -27 Zone-9 Triplicane Chennai-600 005 .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 and 2 to consider petitioner's representation dated 27.02.2016 and renovate the place at Gangai Kondan Mandapam in Triplicane for our vegetable Street Vendors. For Petitioner : Mr.S.Elan Kumaran For Respondents : Mr. P.V.Selvakumar

ORDER

Heard Mr.S.Elan Kumaran, learned counsel for the petitioner and Mr. P.V.Selvakumar, learned standing counsel accepting notice on behalf of the respondents and with their consent, this writ petition is taken up for final disposal. 2.

The petitioner has filed this writ petition praying for the issuance of a writ of mandamus to consider the petitioner's representation dated 27.02.2016 and to renovate the place at Gangai Kondan Mandapam in Triplicane to enable the petitioner and others to carry on sale of vegetables and other articles.

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3. Firstly, the said area should have been declared as a public market, then alone, it can be converted into a market area. However, this aspect has not been specifically spelt out in the representation given by the petitioner. As rightly pointed out by the learned standing counsel for the respondent, the representation is vague and bereft of particulars. The photographs show that the traders are trading small quantities of vegetables on the road and on the platform. Therefore, it is not known as to whether it is a vegetable market or otherwise.

4. In any event, the petitioner seeks for an innocuous relief and accordingly, there shall be a direction to the second respondent to consider the representation dated 27.02.2016 and inform the petitioner, the exact state of affairs within a period of eight weeks from the date of receipt of a copy of this order after which it is open to the petitioner to work out his remedies in the manner known to law.

5. Writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar kua To:

The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003 2 The Executive Engineer, Corporation of Chennai, Zone-9, Valluvar Kottam, Chennai-600 034.

3 The Assistant Engineer, Corporation of Chennai, 116 Ward Unit -27 Zone-9, Triplicane, Chennai-600 005.

+1 cc to Mr.P.V.Selvakumar, Advocate, sr.17562 +1 cc to Mr.S.Elankumaran, Advocate, sr.17442 WP.No.8782/2016 svi co kra 29.03.2016 https://hcservices.ecourts.gov.in/hcservices/