Writ petitions sought writ of Mandamus to restrain respondent officials from interfering with petitioners bunk shops. Court held Committee members are appointed; petition closed.
Writ petitions closed. No costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2016
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE M.SUNDAR
W.P. Nos.43360 to 43364 of 2016 R.Sakila .. Petitioner in WP.43360/2016 Jeeva .. Petitioner in WP.43361/2016 D.Padmavathi .. Petitioner in WP.43362/2016 K.Viswanathan .. Petitioner in WP.43363/2016 G.Kala .. Petitioner in WP.43364/2016
-vs-
1.The State Commissioner for Differently Abled, O/o. State Commissioner for Differently Abled, J.N.Ring Road, Chennai-78. 2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-3. .. Respondents in all WPs.
Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to forbear the 2nd respondent their officials servants from in any manner interfering with the running of the petitioners' bunk shop running at Jayant Tech Park Opposite to Out Gate Padmini Garden Street Nandhampakkam Chennai 44 (WP.43360/2016); at Opposite to No. WB-115 6th Main Road Rountana Anna Nagar Chennai 40 (WP.43361/2016); Simson Company In Gate Compound Gate No.1 Madhavaram High Road Opp. to Yamaha Show Room Perambur Chennai 11 (WP.43362/2016); Avvai Shanmugam Road Opp to T.C.S. St. George Cathedral Gopalapuram Chennai 86 (WP.43363/2016); and, at South Koovam Canal Road Near Park Egmore Chennai 8 (WP.43364/2016); wherein selling Tea, Coffee and Food items till the Township Vending Committee decides on the petitioners' representation dated 21.11.2016 (in WPs.43360, 43361, 43363 and 43364 of 2016 and dated 24.11.2016 in WP.43362 of 2016, as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act
For Petitioners : Mr.M.Baskar For Respondents : Mr.T.N.Rajagopalan, Spl.G.P. For R-2 : Mr.V.C.Selvasekaran for R-2
COMMON ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
The petitioners state that they have already approached the Town Vending Committee and learned counsel for the petitioners sought to contend that the members of the Committee were not appointed. That is not the correct position in view of the proceedings of the Commissioner of Corporation in RDC.No.007/2016, dated 1.11.2016 and thus, it is for the Town Vending Committee to take a decision. 2.Writ petitions are, accordingly, closed. No costs. Sd/Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sra To 1.The State Commissioner for Differently Abled, O/o. State Commissioner for Differently Abled, J.N.Ring Road, Chennai-78. 2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-3. + 1 cc to Mr.Baskar, Advocate SR.73562 + 1 cc to the Government Pleader Sr.73650
W.P.Nos.43360 to 43364 of 2016 MG(CO) Eu 02.1.17
2 issues framed by the court
Whether to issue a writ of Mandamus forbidding the 2nd respondent from interfering with petitioners bunk shops pending Town Vending Committee decision.
Whether the statement that Committee members were not appointed is correct in light of proceedings dated 1.11.2016.
2 provisions across 2 enactments
R.Sakila and Others
State Commissioner for Differently Abled
Commissioner, Corporation of Chennai
Sanjay Kishan Kaul
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
