R.Elumalai v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.10164 of 2017 R.Elumalai .. Petitioner Vs.

1 The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 003.

2 The Chairperson/ Zonal Executive Engineer Zone V (The Township Vending Committee) Corporation of Chennai Chennai - 600 021.

.. 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 11.4.2017 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 near Public Convenience, Gandhi Irwin Salai, Opposite to Hotel Imperial, Egmore, Chennai 600 008, wherein selling tea, coffee and food items using commercial gas cylinder. For Petitioner : Mr.R.Kamaraj For Respondents : Mr.A.Nagarajan

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) This writ petition has been filed seeking directions on the respondents to consider and pass orders on the representation of the petitioner dated 11.4.2017 in accordance with the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and to grant permission/certificate of vending to the https://hcservices.ecourts.gov.in/hcservices/

petitioner. An interim order has been sought restraining the respondents from interfering with the business of the petitioner till such time as the representation has been considered and disposed of.

2. Counsel appearing on behalf of the petitioner submits that even though the petitioner has approached the Vending Committee, no decision has yet been taken.

3. We direct the Vending Committee to take a decision on the representation of the petitioner dated 11.4.2017 in accordance with law and in particular the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and the Rules framed thereunder within eight weeks from the date of communication of this order.

The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS VIII ) /true copy/ Sub Asst. Registrar To:

1 The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 003.

2 The Chairperson/ Zonal Executive Engineer Zone V (The Township Vending Committee) Corporation of Chennai Chennai - 600 021.

+1 cc to Mr.A.Nagarajan,advocate,sr.25055 +1 cc to M/s.R.Kamaraj,advocate,sr.25500 rk(co) krd 4/5 W.P.No.10164 of 2017 https://hcservices.ecourts.gov.in/hcservices/