IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.07.2017 CORAM THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.19241 of 2017 M.Mohan Raj ... Petitioner v.
1. The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 003.
2. The Chairperson/ Zonal Executive Engineer (Zone 7) (The Township Vending Committee) Corporation of Chennai Chennai - 600 053 ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 11.07.2017 made for granting Licence/Certificate of Vending and till such time not to disturb with the running of the petitioner's Bunk shop at Duhar Homes and Flats compound, near Neem Tree, opposite to TATA Communication Gate, No.226, Ambattur Redhills Road, Ambattur, Chennai - 600 053 wherein selling tea, coffee and food items.
For Petitioner : Mr.R.Kamaraj For Respondents : Mr.P.V.Selvakumar Addl. Government Pleader O R D E R Mr.P.V.Selvakumar, learned Additional Government Pleader, takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.
2. The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents to consider his representation dated 11.07.2017 made for granting Licence/Certificate of Vending and till such time not to disturb with the running of the petitioner's Bunk shop at Duhar Homes and Flats Compound, near Neem Tree, opposite to TATA Communication Gate, No.226, Ambattur Redhills Road, Ambattur, Chennai - 600 053, wherein selling tea, coffee and food items.
3. The learned counsel appearing for the petitioner submitted that in similar circumstances, the Division Bench of this court, by order dated 28.02.2017, passed the following order:-
"5.On hearing the learned counsel for the parties, suffice it to direct the Vending Committee constituted vide G.O.(4D)No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016, to consider the representation of the petitioner dated 27.1.2017 and pass appropriate orders in accordance with law, within three months from the date of receipt of a copy of this order and till such time, no coercive action shall be taken against the petitioner. All the ground urged in this petition can be raised before the Committee."
4. Mr.P.V.Selvakumar, learned Additional Government Pleader, appearing for the respondents submitted that the order passed by the Division Bench of this court can be followed in this writ petition also.
5. In view of the submissions made by the learned counsel on either side, I direct the Vending Committee constituted vide G.O.(4D)No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016, to consider the petitioner's representation dated 11.07.2017 and pass appropriate orders, in accordance with law, within three months from the date of receipt of a copy of this order and till such time, no coercive action shall be taken against the petitioner. All the grounds urged in this writ petition can be raised before the Committee."
With these observations, the Writ Petition is disposed of. No costs.
Index : Yes/No Rj To
1. The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 003.
2. The Chairperson/ Zonal Executive Engineer (Zone 7) (The Township Vending Committee) Corporation of Chennai Chennai - 600 053 27.07.2017 3 /3 M.DURAISWAMY, J.
Rj W.P.No.19241 of 2017 27.07.2017 3/3