M.Palani v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.4300 of 2022 M.Palani ... Petitioner Vs The Commissioner, Chennai Corporation, Chennai.

... Respondent Prayer:

Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of mandamus directing the Respondent to consider and pass orders to the representation dated 08.02.2021.

For Petitioner : Mr.H.Manojin For Respondents : Mr.Rahul Aditya for Ms.P.T.Ramadevi Standing Counsel

O R D E R

Mr.Rahul Aditya, learned counsel representing on behalf of Ms.P.T.Ramadevi, learned Standing Counsel accepts notice for the sole respondent and is 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 75% Loco-Motive Disability. A certificate has been issued in this regard by the competent authority on 14.05.2019. He owns and runs a bunk shop at Harington Road, back side of Pachaiyappas College.

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 Commissioner, Chennai Corporation, Chennai, the petitioner is permitted to send a copy of the said representation dated 08.02.2021 to the Town Vending Committee, within two weeks of date of receipt of this order, who, on 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 The Commissioner, Chennai Corporation, Chennai.

Copy to: The Town Vending Committee, Chennai Corporation, Chennai.

+1cc to M/s.P.T.Ramadevi, Advocate SR.No.13320 +1cc to Mr.H.Manojin, Advocate SR.No.13458 W.P.No.4300 of 2022 GPL(CO) CB(24/03/2022)