J.Lakshmi, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2018
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.7093 of 2018 J.Lakshmi ... Petitioner Vs.
1.The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai-600 003.
2.The Chairperson/Zonal Executive Engineer, (Zone No.IX), (The Township Vending Committee), Corporation of Chennai, Ambattur, Chennai.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 02.03.2018 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act 2014 made for granting permission/certificate of vending and till such time not to disturb with the running of the petitioner's bunk shop at Near Masuthi Bus Stop, Ayyapakkam Main Road, Ayyapakkam, Chennai- 600 077 wherein selling tea, coffee and food items by using LPG stove.
For Petitioner : Mr.K.T.S.Sivakumar For Respondents : Mr.T.C.Gopalakrishnan, Standing Counsel ******
O R D E R
Heard Mr.K.T.S.Sivakumar, learned counsel for the petitioner and Mr.T.C.Gopalakrishnan, learned Standing Counsel for the respondents/Corporation.
2. By consent of either side, the main writ petition itself is taken up for final disposal.
3. The petitioner has filed this writ petition for issuance of Writ of Mandamus to direct the respondents to consider and pass orders on the petitioner's representation dated 02.03.2018 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act made for granting permission/certificate of vending and till such time not to disturb with the running of the petitioner's bunk shop at Near Masuthi Bus Stop, Ayyapakkam Main Road, Ayyapakkam, Chennai- 600 077 wherein selling tea, coffee and food items by using LPG stove.
4. The learned counsel appearing for the petitioner submitted that in similar circumstances, the Division Bench of this court, by an order dated 28.02.2017, passed the following order:- "5.On hearing the learned counsel for the parties, suffice it to direct the Vending Committee constituted vide G.O.(4D)No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016, to consider the representation of the petitioner dated 27.1.2017 and pass appropriate orders in accordance with law, within three months from the date of receipt of a copy of this order and till such time, no coercive action shall be taken against the petitioner. All the ground urged in this petition can be raised before the Committee."
5. Mr.T.C.Gopalakrishnan, learned Standing Counsel for the respondents/Corporation submitted that the order passed by the Division Bench of this Court can be followed in this writ petition also.
6. In view of the submissions made by the learned counsel on either side, I direct the Vending Committee constituted vide G.O.(4D)No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016, to consider the petitioner's representation dated 02.03.2018 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. Till such time, no coercive action shall be initiated against the petitioner. All the grounds urged in this writ petition can be raised before the Committee.
7. With the above observations, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar arr To 1.The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai-600 003.
2.The Chairperson/Zonal Executive Engineer, (Zone No.IX), (The Township Vending Committee), Corporation of Chennai, Ambattur, Chennai.
+1cc to Mr.K.T.S.Sivakumar, Advocate, S.R.No.23995 +1cc to Mr.T.C.Gopalakrishnan, Advocate, S.R.No.23994 W.P.No.7093 of 2018 PPA(CO) RRK(24/04/2018)