Sagayam v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.5054 of 2017 Sagayam .. Petitioner Vs.

1. The Commissioner Rippon Buildings Chennai - 600 003.

2. The Chairperson/ Zonal Executive Engineer Zone No.9 (The Township Vending Committee) Chennai - 600 034.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance 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 Opposite to RC Tower, Josier Street, Nungambakkam, Chennai - 600 034.

For Petitioner : Mr.R.Kamaraj For Respondents : Mr.V.C.Selvasekaran

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.V.C.Selvasekaran, learned counsel takes notice for the respondents.

2. Heard the learned counsel for the parties.

3. The petitioner has filed this writ petition seeking issuance 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 opposite to RC Tower, Josier Street, Nungambakkam, Chennai - 600 034..

4. It is the case of the petitioner that he is running a bunk shop at opposite to RC Tower, Josier Street, Nungambakkam, Chennai - 600 034.

However, it is alleged that the respondent/authorities are interfering with the running of the bunk shop. The petitioner made a representation on 27.1.2017 seeking issuance of license to run the bunk shop and to forbear the authorities from interfering with the running of the shop. However, the said representation did not evince any response. Hence, the present writ petition has been filed.

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 grounds urged in this petition can be raised before the Committee. The petition is disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar sasi To:

1. The Commissioner Rippon Buildings Chennai - 600 003.

2. The Chairperson/ Zonal Executive Engineer Zone No.9 (The Township Vending Committee) Chennai - 600 034.

+1cc to Mr.R.Kamaraj,Advocate sr.13357 W.P.No.5054 of 2017 sv1(co) ss(9/3/2017)