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1984 Supreme(Mad) 336

M.N.CHANDURKAR, SATHIADEV
M. A. Pal Mohammed – Appellant
Versus
R. K. Sadarangani – Respondent


Advocates:
K. V. Sankaran, P. Rathnam, T. M. Vasudevan, R. Damoderan and A. Shanmugaraj, for Appellants.; Govt. Pleader, P. Chidambaram and R. Desabandhu, for Respondents.

Judgement

SATHIADEV, J. :- These appeals are preferred against a common judgment rendered by Mr. Justice Padmanabhan in W. P. Nos. 1127 and 7078 of 1980, 1049 of 1981 and 2415 and 2416 of 1982 (Reported in AIR 1984 Mad 292). Writ Appeal No. 377 of 1983 is directed against W. P. No. 7078 of 1980, and W. A. Nos. 715 and 716 of 1984 are against W. P. No. 2146 of 1982 and WP No. 1127 of 1980. The writ petitions were filed by merchants who have their shops in Nethaji Subash Chandra Bose Road, Rattan Bazaar Road and Ranganathan Street in Madras, and they have sought for issue of writs of Mandamus directing the respondents, i.e., the Commissioner of Corporation of Madras and the Commissioner of Police, Madras, to remove the obstructions and encroachments made by unauthorised hawkers in those roads. The learned Judge held that, by permitting hawkers to carry on trade on the pavements of these roads, the Commissioner of Corporation "has permitted an unauthorised obstruction or encroachment of public streets within the meaning of the Act, and consequently, they are bound to act according to law to remove the encroachments". Hence when the merchants-petitioners have established their right for

















































































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