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Gopala Krishnan Vs The Commissioner — Writ and Judicial Review | Madras HC (2023)

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Madras HC
2023
Gopala Krishnan Vs The CommissionerGopala Krishnan v. The Commissioner

Disposed

Gopala Krishnan v. The Commissioner

Madras HC20 Jan 2023WP/1316/2023

Case brief

from the order text

What is this about?

No.1316 of 2023 IN THE HIGH COURT OF…

What did the court decide?

The petitioner is directed to submit a representation once the Vending Committee is formed for its consideration on merits.

What the court decided

AI extract

A

Writ Petition No.1316 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20/1/2023

C O R A M

THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR

Writ Petition No.1316 of 2023 a n d

W.M.P.No.1364 of 2023

Gopala Krishnan ... Petitioner

Vs

The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003.

The Divisional Officer Corporation of Chennai, Zone 5 61 Basin Bridge Road Old Washermenpet Chennai 21.

The Junior Engineer Corporation of Chennai, Zone 5 61 Basin Bridge Road Old Washermenpet Chennai 21.

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the High Court should grant the petitioner's request to run a bunk shop given the non-constitution of the Vending Committee.
2.
Whether the petition before this Court deserves final disposal or admission-stage disposal.

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226

Parties & counsel

AI extract

petitioner
Gopala Krishnan
respondent
The Commissioner Corporation of Chennai
respondent
The Divisional Officer Corporation of Chennai, Zone 5
respondent
The Junior Engineer Corporation of Chennai, Zone 5
respondent
The Chair Person Town Vending Committee Zone 5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 20 Jan 2023 · January
Registered: 12 Jan 2023
Case no.: WP/1316/2023

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Cite this judgement

Gopala Krishnan v. The Commissioner, WP/1316/2023 (MAD), decided on 20 January 2023.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Bench / Coram

N. SATHISH KUMAR

Parties & counsel

Outcome

The petitioner is directed to submit a representation once the Vending Committee is formed for its consideration on merits.

Issue for consideration

Whether the High Court should grant the petitioner's request to run a bunk shop given the non-constitution of the Vending Committee. +1 more

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

The Chair Person Town Vending Committee Zone 5, 61 Basin Bridge Road Old Washermenpet Chennai 21. ... Respondents

https://www.mhc.tn.gov.in/judis

Page No:1/6

Writ Petition No.1316 of 2023

PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records in respect of impugned order Ma.A.5/Na.Ka.No.A4/11822/2022 dated 10/10/2022 passed by the second and fourth respondents to give license/permission to the petitioner to run bunk shop at Andiapan Gramini Street, West Madha Church Street, Royapuram, Chennai 13.

For Petitioner ... Mr.D.Gopinathan For respondents ... Mrs.P.T.Ramadevi

O R D E R

By consent, the main writ petition is taken up for final disposal.

This writ petition has been filed to quash the order, dated 10/10/2022, made in Ma.A.5/Na.Ka.No.A4/11822/2022, passed by the

second and fourth respondents to give license/permission to the petitioner to run bunk shop at Andiapan Gramini Street, West Madha Church Street, Royapuram, Chennai 13.

https://www.mhc.tn.gov.in/judis

Page No:2/6

Writ Petition No.1316 of 2023

The case of the petitioner is that he is a physically challenged person and was running a bunk shop in front of Royapuram Jamia Masjid, at Andiappan Gramini Street, West Madha Church Street, Royapuram, Chennai, for the past nine years. During the month of August 2022, the respondents had removed the bunk shop, without any notice. Hence the petitioner has made a representation, dated 22/8/2022 to the first respondent. Since the same has not been considered so far, the petitioner has come forward with the instant writ petition.

Heard Mr.D.Gopinathan, learned counsel for the petitioner.

The grievance of the petitioner is that instead of forwarding the representation of the petitioner to the fourth respondent, second and third respondents had rejected the same, vide, impugned order, dated 10/10/2022.

Mrs.P.T.Ramadevi, learned Standing Counsel takes notice for the

respondents and submitted that Vending Committee has not been constituted. Once the Vending Committee is constituted, representation of the petitioner will be considered.

Page No:3/6

https://www.mhc.tn.gov.in/judis

Writ Petition No.1316 of 2023

Submission of the learned Standing Counsel appearing for the respondents is recorded.

Once the Vending Committee is formed, petitioner is directed to submit the representation. On such representation being made, the Vending Committee, shall consider the representation of the petitioner, and pass orders, on merits and in accordance with law, without any delay.

With the above direction, this writ petition is disposed of, at the

admission stage itself. No costs.

20/1/2023

Index : Yes / No Internet: Yes Speaking/non speaking order Neutral Citation: Yes/No

mvs.

https://www.mhc.tn.gov.in/judis

Page No:4/6

Writ Petition No.1316 of 2023

To

The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003.

The Divisional Officer Corporation of Chennai, Zone 5 61 Basin Bridge Road Old Washermenpet Chennai 21.

The Junior Engineer Corporation of Chennai, Zone 5 61 Basin Bridge Road Old Washermenpet Chennai 21.

The Chair Person Town Vending Committee Zone 5, 61 Basin Bridge Road Old Washermenpet Chennai 21.

https://www.mhc.tn.gov.in/judis

Page No:5/6

Writ Petition No.1316 of 2023

N. SATHISH KUMAR, J

mvs.

W.P.No.1316 of 2023

20/1/2023

https://www.mhc.tn.gov.in/judis

Page No:6/6

Coram

AI extract

N. SATHISH KUMAR

CNR

HCMA010048152023

Topic

Writ and Judicial Review

Bench

N. Sathish Kumar

Disposal

DISPOSED OF

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