D.Shiva Mannan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2026

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN D.Shiva Mannan :

Petitioner versus 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003 2.The Assistant Commissioner, Greater Chennai Corporation, Zone 10, Kodambakkam, Chennai 600 024 3.The Public Health Department, Corporation of Chennai, Rippon Building, Chennai 3 4.The Commissioner, Food Safety & Drug Administration 359, Anna Salai, Chennai 600 006 5.The Designated Officer Food Safety, Deputy Director of Health Services, and Drug Administration, 33, West Jones Road, Saidapet, Chennai 600 015 6.Sekar :

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 and 2 to consider petitioner's representation dated 30.09.2025 and direct respondents 1 and 2 to remove the illegal eatery shop.

For Petitioner :

Ms.R.Nirmala Devi For respondents :

Mr.A.Arun Babu, Standing Counsel, for respondents 1 to 3 Mr.K.Karthik Jagannath, Government Advocate, for respondents 4 and 5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Status report filed by the official respondents shows that a small eatery shop, which was illegally established has been removed. Map dated 02.01.2026 has also been placed on record.

2. Learned counsel for the petitioner though seems to dispute the same and seeks to file rejoinder affidavit, we are not inclined to grant time, in view of the undertaking affidavit filed by the official respondents. The petition is accordingly closed. There will be no order as to costs.

3. The respondents are directed to ensure that the private respondent does not encroach upon the same place, as otherwise, punitive action shall be taken.

4. A copy of this order shall be placed before the Corporation authorities.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 02.01.2026 Index : Yes/No : Yes/No tar To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003 2.The Assistant Commissioner, Greater Chennai Corporation, Zone 10, Kodambakkam, Chennai 600 024 3.The Public Health Department, Corporation of Chennai, Rippon Building, Chennai 3 4.The Commissioner, Food Safety & Drug Administration 359, Anna Salai, Chennai 600 006 5.The Designated Officer Food Safety, Deputy Director of Health Services and Drug Administration, 33, West Jones Road, Saidapet, Chennai 600 015

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 02.01.2026