Writ petition seeking injunction to stop official interference with a bunk shop on a highways road; petition dismissed as it cannot run a business on highways, but liberty granted to approach the competent Committee for grievance redressal.
Relief of injunction dismissed; liberty to approach competent Committee for grievance redressal granted.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.NO.14648 OF 2011
AND
M.P.NO.1 OF 2011
S.Ravikannan
...Petitioner
Vs
The Divisional Engineer,
O/o. Divisional Engineer,
National High Ways Department,
Saidapet, Chennai – 600 015.
... Respondent
PRAYER : Writ Petition filed Under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, forbearing
the respondent from interfering in the petitioner bunk shop at
in front of HDFC Bank, I.T.C. Building at No.759 and 760, Anna
Salai, Chennai – 600 002 in Div.No.110, Zone – VII, Chennai.
For Petitioner: Mr.H.Adaikala Arockiaraj
ForRespondent: Mr.C.Jaya Prakash
Government Advocate
O R D E R
The relief sought for in the present writ petition is to
forbear therespondent from interfering in the petitioner bunk
shop at in front of HDFC Bank, I.T.C. Building at No.759 and
760, Anna Salai, Chennai – 600 002 in Div.No.110, Zone – VII,
Chennai.
2. Admittedly, the petitioner is running a bunk shop in
front of IOB, opposite to I.T.C building at Anna Salai,
Chennai. The petitioner is selling coffee and eatable items in
the said bunk shop. By virtue of the interim order, the
petitioner is continuing the business and admittedly, the bunk
shop is in the Highways Road. Therefore, now the petitioner
cannot seek any such order in the nature of injunction to run
the bunk shop in the Highways Road.
3. However, in order to redress the grievances of such
vendors, a Committee is constituted under the provisions of the
Statute to redress their grievances.
4. Thus, the petitioner is at liberty to approach the
competent Committee for the purpose of redressal of his
grievances in the manner known to law. However, the petitioner
cannot seek any such injunction to run the bunk shop in the very
same place, which is a Highways Road.
5. In view of the facts and circumstances, the relief as
such sought for cannot be granted. However, the petitioner is at
liberty to approach the Committee for redressal of the
grievances, if exists.
6. With this liberty, the writ petition stands disposed
of. No costs. Consequently, connected miscellaneous petition is
closed.
Sd/-
Assistant Registrar(CS-II)
// True Copy //
Sub Assistant Registrar
kak
To
The Divisional Engineer,
O/o. Divisional Engineer,
National High Ways Department,
Saidapet, Chennai – 600 015.
+1cc to Mr.H.Adaikala Arockiaraj, Advocate, S.R.No.58849
W.P.No.14648 of 2011
GPL(CO)
RLP(26/11/2021)
3 issues framed by the court
whether the petitioner is entitled to an injunction forbidding the respondent from interfering in his bunk shop located on a highways road
whether the petitioner can continue running a bunk shop on highways roads under an interim order
the appropriate forum for vendors to redress grievances regarding bunk shops
S.Ravikannan
The Divisional Engineer, O/o. Divisional Engineer, National High Ways Department, Saidapet, Chennai – 600 015
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court