R.Ramesh v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24/2/2020 C O R A M THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE TMT.TEEKAA RAMAN W.P.No.510 of 2019

1. R. Ramesh

2. V. Latha

3. B. Vijayakumar

4. Victoriya ...

Petitioners Vs

1. The Commissioner Corporation of Chennai Rippon Building Chennai 600 003.

2. The Chairman Zone V, Street Vending Committee Corporation of Chennai Chennai 600 018.

...

Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct the respondents to confirm the place allotted to them and to allow the petitioners to continue vending in the place allotted to them where they are now Hawking/vending at Egmore Railway Station North Side, Whannels Road, Egmore, Chennai 600 008, adjoining the compound wall of St. Andrew's Church, Egmore. For Petitioner :

Mr.R.Syed Mustafa For Respondents:

Mrs.Karthikaa Ashok ***** 1/3

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Instant writ petition has been filed to direct the respondents to confirm the place allotted to the petitioners and allow them to continue vending in the place allotted, where they are now Hawking/vending at Egmore Railway Station North Side, Whannels Road, Egmore, Chennai 600 008, adjoining the compound wall of St. Andrew's Church, Egmore.

2. Today, when the matter is taken up for consideration, counter of the Town Vending Committee, Greater Chennai Corporation, Zone - V, has been filed by Mrs.Karthikaa Ashok, learned Standing Counsel for Corporation.

3. Though very many contentions have been raised in the affidavit, now, in view of the counter, it is not necessary for this Court to deal with the entire averments in the affidavit. However, the relevant paragraph of the counter is extracted hereunder, which would suffice to dispose of the writ petition. "It is submitted that the petitioners were enumerated and identified as Vendors, doing business on the Whannels Road, Egmore and had been issued with the Identity Card as per Section 3 of the Street Vendors Act, 2014.

The enumerated existing vendors are protected by the Act, hence the grievance/request of the petitioners for a permission to carry on their Vending in the Whannels Road, was placed in the meeting for discussion convenient by the Town Vending Committee, where the request of the petitioners had been considered and thereby the Town Vending Committee members had approved the subject matter of the above petition. It is also submitted that this place namely Whannels Road, Egmore were already allotted to Chennai Poonga Nagar Perunthalaivar Kamarajar Indra Gandhi Nalasangam through vending Committee as per their writ petition order vide W.P.No.39349 of 2015 dated 2/1/2015.

Therefore, according to the availability of space, thus permission for allowing them to do their business in the course of time."

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4. Recording the above, nothing survives for further adjudication. Accordingly, writ petition is closed. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar TO:

1. The Commissioner Corporation of Chennai Rippon Building Chennai 600 003.

2. The Chairman Zone V, Street Vending Committee Corporation of Chennai Chennai 600 018.

+1cc to Mrs.Karthikaa Ashok, Advocate sr.15862 +1cc to Mr.R.Syed Mustafa, Advocate sr.15622 W.P.No.510 of 2020 rsv(co) nr 28/02/2020 3/3