P.Seetha v. Greater Chennai Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.4422 of 2022 P.Seetha ... Petitioner Vs 1.Greater Chennai Corporation, Rep. by its Commissioner, Rippon Buildings, 1st Floor, Chennai-600 003. 2.The Collector of Chennai, 4th Floor, Singaravelan Maligai, Rajaji Salai, Chennai-600 001.
3.The Commissioner, Person with Differently Abled & Disability Welfare Department, Sivasankaran Salai, Chokkalingam Nagar, Teynampet, Chennai-600 086.
4.The Assistant Commissioner, Ambattur Municipal Corporation, Chennai.
5.The Joint Commissioner, Ambattur Municipal Corporation, Chennai.
... Respondents Prayer:
Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of mandamus directing to consider the petitioner's representation dated 11.12.2021 to the respondents in a time period.
For Petitioner : Mr.P.Sidharthan For Respondents : Mr.Jayaprakash for Ms.Manimekalai Standing Counsel - R1 Mrs.Geetha Thamaraiselvan Special Government Pleader - R2
O R D E R
Mr.Jayaprakash, learned counsel representing on behalf of Ms.Manimekalai, learned Standing Counsel accepts notice for R1 and Mrs.Geetha Thamaraiselvan, learned Special Government Pleader accepts notice for R2 and are armed with instructions to enable a final disposal of the matter even at the stage of admission.
2. The petitioner claims to be differently abled with 90% Loco-Motive Disability. A certificate has been issued in this regard by the competent authority on 23.09.2003. She owns and runs a tea shop near Padi Sarvana Stores, Padi junction.
3. He seeks protection under the Street Vendors (Protection of Livelihood Regulation) Act, 2014, which safeguards the interests of Street Vendors. The Act provides for formation of a Town Vending Committee declaring streets or parks thereof to be either vending or non-vending zones as may be specified under the scheme of the Act.
4. Learned Counsel who has accepted notice for the respondents would submit that the Town Vending Committee has indeed been constituted, which has not been arrayed as a party to this Writ Petition. He would assure the Court that if the petitioner forwards a copy of the representation, filed before the respondent, to the Town Vending Committee, the same will be disposed within twelve (12) weeks from the date of receipt of such representation and that the petitioner would not be disturbed, till such time.
5. Since the Town Vending Committee is not arrayed as a party and the representation is also not filed before the Committee, but before the Chief Minister's Special Cell, the petitioner is permitted to send a copy of the said representation dated 11.12.2021 to the concerned Town Vending Committee, within two weeks of date of receipt of this order, who, upon receipt of the same, shall hear the petitioner and dispose the same within a period of twelve (12) weeks from the date of receipt of such representation. The petitioner shall not be disturbed in the interim.
6. It is made clear that if the petitioner does not make a representation to the concerned Town Vending Committee within the period stipulated above, the protection granted under this order shall no longer continue.
7. With the aforesaid direction, this writ petition stands disposed. No costs.
Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar sl/kbs To 1.The Commissioner, Greater Chennai Corporation, Rippon Buildings, 1st Floor, Chennai-600 003. 2.The Collector of Chennai, 4th Floor, Singaravelan Maligai, Rajaji Salai, Chennai-600 001.
3.The Commissioner, Person with Differently Abled & Disability Welfare Department, Sivasankaran Salai, Chokkalingam Nagar, Teynampet, Chennai-600 086.
4.The Assistant Commissioner, Ambattur Municipal Corporation, Chennai.
5.The Joint Commissioner, Ambattur Municipal Corporation, Chennai.
Copy to: The Town Vending Committee, Chennai Corporation, Chennai.
+1cc to Mr.P.Sidharthan, Advocate SR.No.13478 +1cc to the Government Pleader, SR.No.14141 W.P.No.4422 of 2022 GPL(CO) CB(24/03/2022)