P.GANAPATHI Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed for the issue of writ of mandamus directing the respondents to grant permission to the petitioner for running a fruit stall based on his representation dated 20.06.2020.

(2.) The case of the petitioner is that the petitioner is running a wholesale shop selling fruits at Koyambedu Market. According to the petitioner he regularly purchases fruits from other states and the same was stored at Vanagaram in a rental outlet. After the lockdown announced by the Government of Tamil Nadu in view of the Covid situation, all the shops of Koyambedu was closed. The vegetable and fruit vendors were allotted alternate places to do their business. The petitioner also was running a shop on rental basis near Madhavaram bus stand and was selling fruits. Respondents 2 and 3, based on the complaint given by the Assistant Commissioner of Police, Madhavaram, took steps to seal the property which was taken on rent by the petitioner. Aggrieved by the same the present writ petition has been filed before this Court.

(3.) The first respondent has filed the counter affidavit in this case. It has been stated in the counter affidavit that the petitioner has violated the protocols that have been issued by the Chennai Corporation to contain the spread of Covid-19 and the petitioner has not followed the social distancing and other conditions during the business. The letter in this regard was received from the Assistant Commissioner of Police, Madhavaram. Therefore, the Chennai Corporation had immediately closed and sealed the fruit shop run by the petitioner on the ground that no retail or wholesale business can be allowed in and around Madhavaram bus stand for an extent of two kilometers from the market in order to avoid public gathering.