This petition sought a writ of mandamus to remove an encroaching bunk shop. The Court dismissed the petition as not legally maintainable, relying on a prior order in a related writ petition that restrained eviction pending committee formation.
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.
W.P.No.8103 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.8103 of 2023
P.S.Palani
.. Petitioner
-vs-
.. Respondents
Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to remove the encroachment of the bunk shop, measuring 7 feet in height, 6 feet in width and 8 ½ feet in length, put up in the middle of the street of Hussain Sahib Street, Sowcarpet, Chennai 600 001, within a time frame to be stipulated by this Hon'ble Court.
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W.P.No.8103 of 2023
For Petitioner :: Mr.W.M.Abdul Majeed For Respondents :: Mr.A.Arun Babu Standing Counsel for R1 & R2
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
This writ petition has been filed seeking for issuance of a mandamus
directing the respondents to remove the encroachment of the bunk shop, measuring 7 feet in height, 6 feet in width and 8 ½ feet in length, put up in the middle of Hussain Sahib Street, Sowcarpet, Chennai.
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W.P.No.8103 of 2023
“5. In view of the above, the petitioner is directed to give a representation to the 2nd respondent in a prescribed form as per the provisions of Section 279 of Chennai City Municipal Corporation Act, 1919, within a period of four weeks from the date of receipt of a copy of this order. Till the Street Vending Committee is formed and the application of the petitioner is considered and orders passed, the respondents are restrained from taking any coercive steps against the petitioner.
With the above directions, the writ petition is disposed of....”
In the light of the above, this writ petition is dismissed, as nothing survives
for adjudication. Consequently, W.M.P.No.8356 of 2023 is also dismissed. There shall be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 16.03.2023
ss
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W.P.No.8103 of 2023
To
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W.P.No.8103 of 2023
THE HON'BLE ACTING CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY,J.
ss
W.P.No.8103 of 2023
16.03.2023
_____________ Page 5 of 5_
1 issue framed by the court
Whether the present writ petition seeking removal of a bunk shop is maintainable in light of a prior restraining order in a related petition.
2 provisions across 2 enactments
P.S.Palani
The Commissioner Greater Chennai Corporation
The Executive Engineer Zone-V, Greater Chennai Corporation
T.RAJA
DBHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
