M.Azhagan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P. NO.4009 OF 2021 M.Azhagan .. Petitioner

Versus

1. The District Collector, O/o. Chennai District Collector, No.62, 4th Floor, M.Singaravelar Maligai, Rajaji Road, Chennai 600 001.

2. The Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003.

3. The Chairperson/ Chennai Zonal Vending Committee, Zone-8, Zonal Office-Corporation of Chennai, Aminjikarai, Chennai 600 029.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus to consider the representation dated 05.11.2020 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act 2014 made granting permission/Certificate of vending submitted by the petitioner to the respondents herein and to allot a bunk shop within the jurisdiction of Zone VIII of Chennai Corporation, in accordance with law.

For petitioner : Mr.C.Anbu For respondents : Mr.K.Raja Shrinivas

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.

2. This Writ Petition has been filed, seeking direction to the respondents to consider his representation dated 05.11.2020.

3. The petitioner would claim that he is a disabled person and he is running a small tea shop in a hand cart at Shanthi Colony, 12th Main Road, Annanagar, Chennai. He made a representation for granting of licence to run the shop, but the same has not been considered by the respondents. Hence, the petition.

4. Mr.Raja Shrinivas, learned Senior Standing Counsel appearing for the respondents would state that the place where the petitioner was running the tea shop is classified as a nonvending zone, hence, he is not entitled for licence. It is also stated that petitioner's shop was found in front of the Housing Board Building, hence, the same was removed from that place.

5. Since the petitioner seeks licence in a non-vending zone, he is not eligible for the same. Accordingly, the Writ Petition is dismissed. However, if the petitioner gives an application for putting up hand cart in a vending zone, the respondent shall consider the same in accordance with law. No costs.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar pvs To

1. The District Collector, O/o. Chennai District Collector, No.62, 4th Floor, M.Singaravelar Maligai, Rajaji Road, Chennai 600 001.

2. The Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003.

3. The Chairperson/ Chennai Zonal Vending Committee, Zone-8, Zonal Office-Corporation of Chennai, Aminjikarai, Chennai 600 029.

+1cc to Mr.C.Anbu, Advocate, S.R.No.52635 +1cc to Mr.K.Raja Shrinivas, Advocate, S.R.No.52093 W.P. No.4009 of 2021 KSM(CO) RLP(01/11/2021)