Dhanasekaran v. The Chairperson

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.201 of 2022 Dhanasekaran

...Petitioner

-VsThe Chairperson/ Zonal Executive Engineer (Zone No.8), (The Township Vending Committee Corporation of Chennai) Shenoy Nagar, Chennai - 600 030.

...Respondent

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus , directing the respondent to consider and pass orders on the petitioner's representation dated 29.09.2021 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 at opposite New No.13B, Old No.8B, Mc Nichols Road, near Sri Kuchalambal Kalyana Mahal Backside Compound Wall, Chetpet, Chennai - 600 031, wherein selling Tea, Coffee, Snacks and other food items by using LPG Gas Stove. For Petitioner :

Mr. L.Chandrakumar For Respondent :

Ms.P.T.Ramadevi Standing Counsel

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondent to consider and pass orders on the petitioner's representation dated 29.09.2021.

2. The case of the petitioner is that the petitioner is running a bunk shop in New No.13B, Old No.8B, Mc Nichols Road, near Sri Kuchalambal Kalyana Mahal Backside Compound Wall, Chetpet, Chennai - 600 031. Since the petitioner bunk shops/street vending shops are being regulated through a Registration of Street Vendors (Protection of Livelihood) Regulation Act, 2014 (In short 'the Act'), under which, the street vending committee are being constituted, from whom or the

local authority, on the recommendation of the said Street Vending Committee, license since has to be obtained, without which, no one can have street vending business or bunk shop business, hence, the petitioner had submitted an application/representation to the respondent i.e., The Chairperson/Zonal Executive Engineer, Township Vending Committee for Zone No.8 on 29.11.2021 under the provisions of the Act. Since the said application/representation has not been considered, he has approached this Court by filing the present writ petition with the aforesaid prayer.

3. Heard Ms.P.T.Ramadevi, learned Standing Counsel appearing for the respondent, who on instructions, would submit that, if such an application/representation is filed to the respondent Town Vending Committee, such application/representation would be placed before the next meeting of Town Vending Committee and it would be decided on merits, whether the petitioner can be permitted to have the street vending business as claimed by him and accordingly necessary orders would be passed by the respondent.

4. Considering the said submission made by the learned Standing Counsel appearing for the respondent and after having considered the case projected by the petitioner's side, since the prayer sought for herein is innocuous in nature, this Court is inclined to dispose of this writ petition with the following order.

That there shall be a direction to the respondent to consider the application/ representation of the petitioner dated 29.11.2021 and decide the same on merits and in accordance with law, especially under the provisions of the Street Vendors (Protection of Livelihood) Regulation Act, 2014, and pass order thereon within a period of six weeks from the date of receipt of a copy of this order.

5. With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar mp/kst

To The Chairperson/ Zonal Executive Engineer (Zone No.8), (The Township Vending Committee Corporation of Chennai) Shenoy Nagar, Chennai - 600 030.

+1cc to Mr.R.Kamaraj, Advocate, S.R.No.1812 +1cc to Ms.P.T.Ramadevi, Advocate, S.R.No.1881 W.P.No.201 of 2022 UM(CO) RGA(25/01/2022)