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