High Court Madras High Court

Employees State Insurance … vs The Commissioner on 9 February, 2010

Madras High Court
Employees State Insurance … vs The Commissioner on 9 February, 2010
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED   09.02.2010

CORAM

THE HONOURABLE MR. JUSTICE M.JAICHANDREN

W.P. NO.1734 OF 2006
and
M.P.No.1985 of 2006

Employees State Insurance Corporation
Regional Office Tamilnadu,
No.143, Sterling Road,
Nungambakkam, Chennai  600 034.
rep. by its Assistant Director.			..	   Petitioner

Versus

1.The Commissioner,
   Chennai Corporation,
   Ripon Buildings,
   Chennai  600 003.

2.The Special Commissioner for Handicaped, 
   Office of the State Commissioner for Disabled,
   No.15/1, Model School Road,
   Thousand Lights, Chennai  600 006.

3.S.Ravikumar.						..	  Respondents

PRAYER: Writ petition has been filed under Article 226 of The Constitution of  India to issue a Writ of Mandamus directing the first respondent to evict the third respondent bunk shop situating at No.143, Sterling Road, Nungambakkam, Chennai - 600034.

 		For Petitioner   	 :  Mr.A.Paramasivam
		For Respondents	 :  Mr.V.Bharathidasan (for R1) 						    Mr.R.Murali, (for R2)
					    Government Advocate.		    
					* * * * *				  	       
O R D E R

Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.

2. This writ petition has been filed praying for a writ of Mandamus to direct the first respondent to evict the third respondent bunk shop, situated at No.143, Sterling Road, Nungambakkam, Chennai.

3.The main contention of the learned counsel appearing for the petitioner is that the third respondent has put up the bunk shop, situated at No.143, Sterling Road, Nungambakkam, Chennai, without the authority of law and he has not obtained a licence to run the shop to do business in selling coffee, tea, cigarettes, fruits, pan, etc. Therefore, the petitioner had made a representation to the respondents 1 and 2 to remove the bunk shop put up by the third respondent, unauthorisedly.

4.The learned counsel appearing on behalf of the first respondent had submitted that the bunk shop had been put up by the third respondent at No.143, Sterling Road, Nungambakkam, Chennai, unauthorisedly and therefore, the first and the second respondents are taking steps to remove the bunk shop. The learned counsel had also submitted that the bunk shop put up by the third respondent would be removed, as expeditiously as possible, not later than twelve weeks from today, in accordance with law and that police protection is required for removing the bunk shop put up by the third respondent, as he is likely to cause trouble, while the bunk shop is being removed.

5.On such submissions made by the learned counsel appearing on behalf of the parties concerned, the first and the second respondents are directed to take appropriate steps to remove the bunk shop put up by the third respondent at No.143, Sterling Road, Nungambakkam, Chennai, in accordance with law, after giving due notice to the third respondent. It is also made clear that it is open to the first and the second respondents to approach the appropriate authorities for police protection, if it is found to be necessary.

6. Accordingly, this writ petition is disposed of, with the above directions. No costs. Consequently, connected M.P. is closed.

09.02.2010

M.JAICHANDREN, J.

vs

Index : Yes
Internet : Yes

To

1.The Commissioner,
Chennai Corporation,
Ripon Buildings,
Chennai 600 003.

2.The Special Commissioner for Handicaped,
Office of the State Commissioner for Disabled,
No.15/1, Model School Road,
Thousand Lights, Chennai 600 006.

W.P. No.1734 OF 2006
and
M.P.No.1985 of 2006

09.02.2010