Padmavathy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024

CORAM

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Padmavathy ... Petitioner Vs 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

2.The Chairperson Zonal Executive Engineer (Zone No.5), (The Township vending Committee), Corporation of Chennai, Basin Bridge Road, Chennai - 21.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 12.12.2023 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 running

pushcart / handcart shop opposite to Allikulam Main Gate, Allikulam Road, Moor Market, Chennai - 600 003, wherein selling, Tiffin and Lunch items therein.

For Petitioner :

Mr.U.Gowrishankar For Respondents :

Ms.P.T.Ramadevi Standing Counsel

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This writ petition has been filed for the issuance of a writ of mandamus to direct the respondents to consider and pass orders on the petitioner's representation dated 12.12.2023 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 running pushcart / handcart shop opposite to Allikulam Main Gate, Allikulam Road, Moor Market, Chennai - 600 003.

2. It is the case of the petitioner that the petitioner is running a push cart/hand cart shop opposite to Allikulam Main Gate, Allikulam Main Gate, Allikulam Road, Moor Market, Chennai - 3 for the past several years. It is submitted by the petitioner that

she is selling tiffin and lunch items in a hygienic manner. The petitioner has submitted a representation to the respondents requesting to grant certificate of vending as per the provisions of The Street Vendors (Protection of Livelihood Regulation) Act, 2014 (hereinafter referred to as 'the Act').

3. The above writ petition is filed for issuance of a writ of mandamus to direct the respondents to consider the petitioner's representation dated 12.12.2023 as per the provisions of the Act for granting permission for vending.

4. It is brought to our notice that a Vending Committee has been constituted under the Act and therefore the representation should be considered by the Vending Committee.

5. In view of the stand taken by the respondents, this writ petition is disposed of with a direction to the petitioner to approach the Vending Committee which has already been constituted. When such application is filed by the petitioner before the Vending Committee, the Vending Committee shall consider the application and pass appropriate orders after giving an opportunity of hearing to the petitioner and considering the documents and field

inspection report as required. The said exercise shall be completed within a period of sixteen weeks from the date of receipt of representation. No costs.

(S.S.S.R., J.) (N.S., J.) 02.02.2024 Index : Yes / No mmi To 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

2.The Chairperson Zonal Executive Engineer (Zone No.5), (The Township vending Committee), Corporation of Chennai, Basin Bridge Road, Chennai - 21.

S.S. SUNDAR, J.

and N.SENTHILKUMAR, J.

mmi 02.02.2024