Petitioner sought writ mandamus to stop official interference with his bunk shop near a government hospital. The Court dismissed the petition, directing the petitioner to approach the constituted Vending Committee to obtain the requisite license.
Writ petition dismissed; petitioner directed to approach Vending Committee for license. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.04.2017
CORAM THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR
W.P.No.8728 of 2017
Kumar
.. Petitioner
Vs.
1 The State of Tamil Nadu
rep. by the Secretary Municipal Administration and Water Supplies Department
Fort St. George, Chennai - 600 009.
2 The Commissioner
Corporation of Chennai
Rippon Building
Chennai - 600 003.
3 The Commissioner of Police
.. Respondents
PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the second respondent, their officials and servants from in any manner interfering with the running of the petitioner's bunk shop in front of Government Royapettah Hospital, Near exit gate, West Cot Road, Royapettah, Chennai, by selling tea, coffee and food items.
For Petitioner : Mr.T.Arulselvan
For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 and 3 Mr.A.Nagarajan for 2nd respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
In view of the constitution of the Vending Committee vide G.O. (4D) No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016 and the proceedings of the Commissioner of Corporation in RDC.No.007/2016, dated 1.11.2016, nominating the members of the Vending Committee, we are not inclined to maintain the writ petition and it is for the petitioner to approach the Vending Committee for obtaining the license.
1 issue framed by the court
Whether the warrant of mandamus directing non-interference with a bunk shop is maintainable when a specific licensing committee has been constituted.
Kumar
The State of Tamil Nadu
The Commissioner, Corporation of Chennai
The Commissioner of Police
Indira Banerjee
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
