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Madras High CourtWP/1471/2023disposed of

D.Bhavani v. The Zonal Executive Engineer (Zone No.9)

2023-01-24Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.1471 of 2023 D.Bhavani ... Petitioner Vs

1. The Zonal Executive Engineer [Zone No.9], [The Chairman, Township Vending Committee], Corporation of Chennai, Nungambakkam, Chennai - 600 034.

2. The Commissioner, ... Respondents to issue a Writ of Mandamus forbearing the respondents from interfering with the running of the petitioner's bunk shop at Door No.15, College Lane, Near State Bank of India Local Head Office Outside Gate, Opposite to DPI, Chennai - 6, wherein selling tea, coffee, snacks and other food items by using LPG gas stove till the petitioner's representation dated 26.08.2022 is considered as per the provision of the Street Vendors [Protection of Livelihood Regulation] Act, 2014. 1/6

W.P.No.1473 of 2023 G.Velu ... Petitioner Vs The Chairperson/Zonal Executive Engineer, [Zone No.10, [Township Vending Committee], Corporation of Chennai, Kodambakkam, Chennai - 600 024.

... Respondent to issue a Writ of Mandamus directing the respondent to consider and pass Orders on the petitioner's representation dated 21.09.2022 as per the provision of the Street Vendors [Protection of Livelihood Regulation] Act, 2014 and till such time not to disturb with the running of the petitioner's bunk shop Near Ramakrishna Mission Hr.Sec. School [Main] Playground, L.M.Backside, No.21-A Rajamannar Street, T.Nagar, Chennai 600 017, wherein selling tea, coffee, snacks and other food items by using LPG gas stove.

W.P.No.1479 of 2023 S.Venkatesh ... Petitioner Vs

1. The Commissioner, 2/6

2. The Zonal Officer / Executive Engineer [Zone VII], Corporation of Chennai, Ambattur, Chennai - 600 053.

3. The Zonal Officer / Executive Engineer [Zone XI], Corporation of Chennai, Valasaravakkam, Chennai - 600 087.

... Respondents to issue a Writ of Mandamus forbearing the respondents from interfering with the running of the petitioner's bunk shop at Mogappair West Main Road, beside Corporation Park for Rehabilitation, Chennai - 600 037 wherein selling tea, coffee, snacks and other food items till the Town Vending Committee is formed and decide the issue of granting Certificate of Vending to the petitioner as per the provision of the Street Vendors [Protection of Livelihood Regulation] Act, 2014. For Petitioner : Mr.R.Kamaraj in all WPs For Respondents : Mrs.P.T.Ramadevi Standing Counsel for Corporation in all 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 petitioners' representation 3/6

dated16.08.2022 and 21.09.2022 respectively as per the provisions 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 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.

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

24.01.2023 Index : Yes/No vrc To

1. The Zonal Executive Engineer [Zone No.9], [The Chairman, Township Vending Committee], Corporation of Chennai, Nungambakkam, Chennai - 600 034.

2. The Commissioner,

3. The Chairperson/Zonal Executive Engineer, [Zone No.10, [Township Vending Committee], Corporation of Chennai, Kodambakkam, Chennai - 600 024.

4. The Zonal Officer / Executive Engineer [Zone VII], Corporation of Chennai, Ambattur, Chennai - 600 053.

5. The Zonal Officer / Executive Engineer [Zone XI], Corporation of Chennai, Valasaravakkam, Chennai - 600 087.

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N.SATHISH KUMAR, J.

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