Madras High CourtWP(MD)/6013/2017disposed of

K.Prasanna Venkatesan, v. The Commissioner

2017-09-04Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.6013 of 2017 K.Prasanna Venkatesan ... Petitioner Vs.

The Commissioner, Madurai Corporation Office, Madurai.

... Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 22.08.2016 and to take appropriate steps not to allow any street vendors to sell in front of his property situated at Kathavilakam, South Masi Street, Madurai bearing No.186, 186/1 and 187.

For Petitioner : Mr.K.K.Samy For Respondent : Mr.R.Murali *****

ORDER

This writ petition has been filed by the petitioner to issue a Writ of Mandamus, to direct the respondent to take appropriate steps to forbear the street vendors to sell goods, in front of his property bearing Nos.186, 186/1 and 187 situated at Kathavilakam, South Masi Street, Madurai, based on his representation dated 22.08.2016.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. According to the learned counsel for the petitioner, some of the vendors have occupied the petitioner's property in the aforesaid place, claiming that they are street vendors. Aggrieved by such illegal action, the petitioner has made a representation dated 22.08.2016, before the respondent, along with photographs. As the same has not been considered so far, the petitioner is before this Court.

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4. The learned Counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 22.08.2016, is disposed of by the respondent as per law.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondent to consider the representation of the petitioner dated 22.08.2016 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner and all other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar +1 cc to Mr.R.Murali , Advocate in SR.No. 69062 +1 cc to Mr.K.K.Samy , Advocate in SR.No. 68836 gk AE/MR KKR/SAR1/08.08.2017/2P/3C W.P.(MD)No.6013 of 2017 31.07.2017 https://hcservices.ecourts.gov.in/hcservices/