A KASIAMMAL Vs. CORPORATION OF MADRAS

JUDGEMENT

(1.) THE petitioner has filed the Writ Petition No. 10590 of 2000 to quash the impugned notice issued by the Corporation authorities wherein the petitioner has been directed to vacate the enforcement made by her in pavement 23, Thanga Salai. It has been further mentioned in the said notice that if there is any stay order already obtained, the petitioner should produce the same within three days. Learned counsel for the petitioner has sent a reply on 19.6.2000 stating that the petitioner had already filed a writ petition in W.P.No. 10860 of 1995 for a mandamus forbearing the Corporation of Chennai from removing the bunk run-by the petitioner in the pavement opposite to Government Press, Mint Street. Chennai, except by due process of law. This Court by order dated 16.8.1995 in W.M.P.No. 17258 of 1995 has directed the party to maintain status quo. Hence the present impugned notice is illegal and incontravention of the interim order of this Court granted in the earlier writ petition.

(2.) IT is the contention of the learned counsel for the petitioner that on 5.5.1995, the Tamil Nadu Khadi and Village Industries Board has directed the petitioner to locate a cobblers Bunk under the Adi Dravidar Welfare Scheme at Mint Street, opposite to Government Press. Pursuant to the said order of allotment, the petitioner applied for licence to the Corporation. Admittedly, no licence had been granted and before ever the application for licence is made the bunk had been installed. Now that the application for the issue of licence is pending before the Corporation. The Corporation authorities may be directed to dispose of the said application and till such time the running of the bunk by the petitioner need not be disturbed.

(3.) IN view of the disposal of Writ Petition No. 10590 of 2000. no further orders are necessary in the Writ Petition No. 10680 of 1995 as the same is also for the same relief.