M.Yoganath v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M.Yoganath ... Petitioner in W.P.No.

Murugesan ... Petitioner in W.P.No.

Vs

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

2. The Zonal Executive Engineer [Zone No.9], [The Chairperson, Township Vending Committee] Corporation of Chennai, Nugambakkam, Chennai - 600 034.

... Respondents in both WPs Prayer:- Writ Petitions filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus forbearing the respondent from interfering with the running of the petitioner's bunk shop Mailamani Road, Near Door No.287, Avvai Shanmugam Salai, Opposite to Anna Statue, Royapettah, Chennai - 600 014 and Door No.1, Ramakrishna Street, Kences Tower, 1/5

Croma, Opposite to Kalki Speciality Pvt. Ltd., [Door No.4/22], T.Nagar, Chennai 600 017, respectively, wherein tea, coffee, snacks and other food items herein till the Town Vending Committee is formed and decided on the petitioner's representation dated 14.11.2022 and 04.11.2022 respectively is considered as per the provision of the Street Vendors [Protection of Livelihood Regulation] Act, 2014. For Petitioner : Mr.R.Kamaraj in both WPs For Respondents : Mrs.P.T.Ramadevi Standing Counsel for Corporation in both WPs COMMON ORDER These Writ Petitions have been filed forbearing the respondents from interfering with the running of the petitioners' bunk shop till the Town Vending Committee is formed and decide on the petitioner's representation dated 14.11.2022 and 04.11.2022 respectively as per the provision of the Street Vendors [Protection of Livelihood Regulation] Act, 2014.

2. It is the case of the petitioners that they are running a bunk shop for the past several years and earning a meager sum for their livelihood. It 2/5

is their further case that the officials of the respondents are frequently visiting the shop and threatening to remove the shop. Hence, they have filed these Writ Petitions for the aforesaid relief.

3. Mrs.P.T.Ramadevi, learning Standing Counsel takes notice for the respondents submitted that the Vending Committee is yet to be constituted and they are awaiting Orders of the Government.

4. In such view of the matter, the petitioners shall give a fresh representation to the newly formed Vending Committee and on such representation being given, the Vending Committee shall consider the same and pass Orders within a period of two months thereafter. Till such time, the respondents shall not interfere with running of the petitioners' bunk shop.

5. With the above directions, these Writ Petitions are disposed of. No costs.

09.01.2023 Index : Yes/No 3/5

vrc To

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

2. The Zonal Executive Engineer [Zone No.9], [The Chairperson, Township Vending Committee] Corporation of Chennai, Nugambakkam, Chennai - 600 034.

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N.SATHISH KUMAR, J.

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