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Madras High Court

P.Karl Marx vs The Commissioner on 6 July, 2022

Author: Munishwar Nath Bhandari

Bench: Munishwar Nath Bhandari

                                                                        W.P.No.17069 of 2022



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:    06.07.2022

                                                    CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                       AND
                                        THE HON'BLE MRS.JUSTICE N.MALA


                                              W.P.No.17069 of 2022

                     P.Karl Marx                                         .. Petitioner-in-
                                                                            Person
                                                       Vs

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

                     2.The Executive Engineer,
                       Corporation of Chennai,
                       Zone-IX, Lake Area, Nungambakkam,
                       Chennai - 600 034.

                     3.The Proprietor,
                       Sri Ayyanarappan Fruits and Vegetables,
                       Old No.8, New No.15,
                       Gulam Abbas Alikhan 9th Street (New Street),
                       Thousand Lights,
                       Chennai-600 006.                                  .. Respondents


                     Prayer : Petition filed under Article 226 of the Constitution of India
                     praying for a writ of mandamus to direct the respondents 1 and 2 to

                     ____________
                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                W.P.No.17069 of 2022



                     consider and dispose of the petitioner's representation dated
                     17.12.2021 touching the third respondent's ingress into the public
                     platform conducting vegetable shops cum fruits and vessels shop.


                                      For the Petitioner        : Mr.P.Karl Marx
                                                                  Petitioner-in-Person

                                      For the Respondents       : Mr.R.Gopinath
                                                                  Standing Counsel
                                                                  for respondent Nos.1 and 2


                                                      ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed by the petitioner to allege that the third respondent is putting various articles out of the boundary from the shop and thereby occupying part of the footpath which is otherwise not permissible.

2. Learned counsel appearing for the respondent Corporation submitted that they will ensure that all the articles are put by the third respondent within the boundary of the shop and do his business within the boundary, because he cannot otherwise put the articles on the footpath. He prays for one month's time to take necessary steps, and is granted.

____________ Page 2 of 4 https://www.mhc.tn.gov.in/judis W.P.No.17069 of 2022

3. In view of the above, the writ petition is disposed of with a direction to the second respondent to do the needful without disturbing the shop keeper other than to direct him to keep all the articles within the shop premises and not on the footpath. There will be no order as to costs.

                                                                   (M.N.B., CJ.)       (N.M., J.)
                                                                            06.07.2022
                     Index : Yes/No
                     bbr

                     To:

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

2.The Executive Engineer, Corporation of Chennai, Zone-IX, Lake Area, Nungambakkam, Chennai - 600 034.

____________ Page 3 of 4 https://www.mhc.tn.gov.in/judis W.P.No.17069 of 2022 THE HON'BLE CHIEF JUSTICE AND N.MALA,J.

bbr W.P.No.17069 of 2022 06.07.2022 ____________ Page 4 of 4 https://www.mhc.tn.gov.in/judis