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2025 DAILYLAW 46425 (MAD)

B.ALI AKBAR v. THE DISTRICT COLLECTOR

WP/14109/2025 · 2025-06-18

J Nisha Banu, M Jothiraman

Transfer Petitionbody2025

Judgment text

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W.P.No.14109 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.No.14109 of 2025 B.Ali Akbar S/o S.Badruddin ... Petitioner -vs- 1. The District Collector, Rajaji Salai, Chennai - 600 001. 2. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003 3. The Tahsildar, Mylapore Taluk Office, No.19, Lattice Bridge Road, R.A Puram, Chennai - 600 028 4. The Town Vending Committee, Greater Chennai Corporation, Zone - 13, Kasturba Nagar, No.31, Thiruvenkatam Street, Bakthavatsalam Nagar, Adyar, 1/6 https://www.mhc.tn.gov.in/judis W.P.No.14109 of 2025 Chennai - 600 020 5. K.Ramakrishnan, near at 4/143, Karpagam Avenue Main Road, R.A.Puram, Chennai - 600 028. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to consider the petitioner's representation dated 26.02.2025 and direct the respondents 1 to 4 to remove the unauthorized encroachment made by 5th respondent bunk shop in public place such as sidewalks, pavements, near at 4/143, Karpagam Avenue Main Road, R.A.Puram, Chennai - 600 028, Zone No.13, of the 2nd respondent as to enable the general public road users, more particularly the children, ladies and the elderly and the disabled to use the sidewalks, pavements within time frame fixed by this Court. For Petitioner : Mr.R.Gowthaman For Respondent : Mr.Venkateswaran, Spl.Govt.Pleader for R1 & R3 Mrs.P.T.Ramadevi, Standing Counsel for R2 & R4 Mr.L.Chandrakumar for R5 O R D E R (Order of the Court was made by J.NISHA BANU,J.) This writ petition has been filed to consider the petitioner's representation dated 26.02.2025 and direct the respondents 1 to 4 to remove 2/6 https://www.mhc.tn.gov.in/judis W.P.No.14109 of 2025 the unauthorized encroachment made by 5th respondent bunk shop in public place such as sidewalks, pavements, near at 4/143, Karpagam Avenue Main Road, R.A.Puram, Chennai - 600 028, Zone No.13, of the 2nd respondent so as to enable the general public road users, more particularly the children, ladies, elderly persons and the disabled to use the sidewalks, pavements within time frame fixed by this Court. 2. Heard the learned counsel for the petitioner, the learned Special Government appearing for the 1st and 3rd respondents, the learned Standing Counsel appearing for the 2nd and 4th respondents, the learned counsel appearing for the 5th respondent and perused the materials available on record. The counter affidavit filed by the 2nd, 4th and 5th respondents are also perused. 3. Learned Standing Counsel appearing for the 2nd and 4th respondents would state that as directed by this Court, vide order dated 22.04.2025, the officials of the respondent Corporation inspected the bunk shop of the 5th respondent and it was noticed that the 5th respondent is operating the bunk shop without a valid vending certificate in a Non- Vending Zone declared by the Town Vending Committee. She would further 3/6 https://www.mhc.tn.gov.in/judis W.P.No.14109 of 2025 state that the Town Vending Committee, on considering the representations and recommendations made by the members, had declared the "Karpagam Avenue" in Division - 171 Zone -XIII as a "Non-Vending Zone' and has also issued proceedings dated 05.02.2025 and that the respondent Corporation will take necessary enforcement action against the 5th respondent Bunk shop as per law. 4. Considering the above submission made by the learned Standing Counsel and also considering the proceedings of the 4th respondent dated 05.02.2025, we direct the 2nd respondent to take appropriate action in the manner known to law, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. (J.N.B.J.,) (M.J.R,J.,) 18.06.2025 Index: Yes / No Internet: Yes / No vsi To 4/6 https://www.mhc.tn.gov.in/judis W.P.No.14109 of 2025 1. The District Collector, Rajaji Salai, Chennai - 600 001. 2. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003 3. The Tahsildar, Mylapore Taluk Office, No.19, Lattice Bridge Road, R.A Puram, Chennai - 600 028 4. The Town Vending Committee, Greater Chennai Corporation, Zone - 13, Kasturba Nagar, No.31, Thiruvenkatam Street, Bakthavatsalam Nagar, Adyar, Chennai - 600 020 J.NISHA BANU, J. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.14109 of 2025 AND M.JOTHIRAMAN , J. vsi W.P.No.14109 of 2025 18.06.2025 6/6 https://www.mhc.tn.gov.in/judis