A.Aadhi Lakshmi v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.4059 of 2017 A.Aadhi Lakshmi ..
Petitioner -vs1. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003
2. The Chairperson/ Zonal Executive Engineer Zone No.7 (The Township Vending Committee) Corporation of Chennai Chennai 600 056 ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 27.01.2017 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 W-115, 6th Street, W Block 8, SB Complex Backside, Opp. to Metro Pine Restaurant, Anna Nagar, Chennai 600 040. For Petitioner :: Mr.L.Chandrakumar For Respondents :: Mr.P.V.Selvakumar
ORDER
The petitioner has come to this Court seeking issuance of a writ of mandamus, directing the respondents to consider her representation dated 27.01.2017, as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, for granting permission / certificate of vending and till such time not to disturb with the running of the petitioner's bunk shop at W-115, 6th Street, W Block 8, SB Complex Backside, Opp. to Metro Pine Restaurant, Anna Nagar, Chennai 600 040.
2. Learned counsel for the petitioner submitted that the petitioner, being a differently abled person, is running a bunk shop at W-115, 6th Street, W Block 8, SB Complex Backside, Opp. to Metro Pine Restaurant, Anna Nagar, Chennai for the past several years by selling tea, coffee and food items in a hygienic manner and thereupon earning a meagre sum to eke out her livelihood. As her bunk shop no way disturbs the general public or the free flow of traffic, she has given a representation on 27.1.2017 to the second respondent requesting him to grant permission / certificate of vending for continuing her bunk shop business and a copy thereof was also sent to the first respondent. Since her representation has to be considered by the Township Vending Committee headed by the second respondent, the same requires to be considered.
In similar circumstances, W.P.Nos.18677 of 2014 etc., were filed and this Court, while disposing of the said writ petitions by order dated 3.9.2015, has held that till the constitution of the Town Vending Committee, there shall be no threat with regard to the running of the bunk shops. In the present case, as the petitioner is apprehending interference from the respondents and if she is dispossessed without any notice, her livelihood would be totally smashed. Therefore a direction should be issued to the second respondent to consider her representation dated 27.1.2017, as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 for granting permission / certificate of vending and till such time not to disturb the running of the petitioner's bunk shop in the place in question.
3. Mr.P.V.Selvakumar, learned standing counsel takes notice on behalf of the respondents
4. The petitioner mentions in the affidavit that she has been running the bunk shop at W-115, 6th Street, W Block 8, SB Complex Backside, Opp. to Metro Pine Restaurant, Anna Nagar, Chennai for several years. As held by the Hon'ble First Bench in its order dated 3.9.2015 in W.P.Nos.18677 of 2015 batch, whether a bunk shop is to exist or not, if it is to exist, at what location or whether there is need for some other measures of rehabilitation by regulated vending through other methodology are the aspects the committee would have to examine. Therefore, the second respondent-Zonal Executive Engineer, Zone No.7, Corporation of Chennai, who is the Chairperson, Township Vending Committee is hereby directed to consider and dispose of the petitioner's representation dated 27.1.2017 within a period of
four weeks from the date of receipt of a copy of this order. The writ petition stands disposed of. No costs.
s/d- Assistant Registrar(CS-III) //True Copy// Sub-Assistant Registrar To
1. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003
2. The Chairperson / Zonal Executive Engineer Zone No.7 (The Township Vending Committee) Corporation of Chennai Chennai 600 056 +1 CC to Mr. L. Chandrakumar, Advocate sr 11109 +1 CC to Mr. P.V. Selvakumar, Advocate sr 10838 W.P.No.4059 of 2017 SS(CO) sp/1/3