Chennai Maanakar Siru v. The Corporation Of Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2019
CORAM:
THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P. No.201 of 2018 CHENNAI MAANAKAR SIRU VYABARIGAL SANGANGALIN KOOTAMAIPPU (REG NO.245/ 1998) REP BY ITS GENERAL SECRETARY NO.88 PERAMBUR BARRACKS ROAD CHENNAI-07 ...
Petitioner Vs 1 THE CORPORATION OF CHENNAI REP BY ITS COMMISSIONER RIPPON BUILDING CHENNAI-03 2 THE ASSISTANT COMMISSIONER ZONE NO.13 CORPORATION OF CHENNAI ADYAR CHENNAI-20 3 THE TOWN VENDING COMMITTEE (TVC) REP BY ITS CHAIRPERSON OFFICE OF ZONAL EXECUTIVE ENGINEER CORPORATION OF CHENNAI-03 4 DEPUTY COMMISSIONER OF POLICE ADAYAR CHENNAI-20 5 INSPECTOR OF POLICE THARAMANI POLICE STATION CHENNAI-600 113 ...
Respondents Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Mandamus directing the 1st Respondent to issue certificate of vending to the street vendors of CSIT Road, opposite to Ascendas IT Park, Taramani, Chennai, within a stipulated time and further direct the Respondents 1 to 5 not to disturb in any manner the vending of the said street vendors at CSIT Road, opposite to Ascendas IT Park, Taramani, Chennai.
For petitioner : Mr.A.Mohamed Ismail For Respondents: Mr.K.Soundarajan, Standing counsel for Respondents 1 to 3 Ms.A.Srijeyanthi, Spl.G.P.
For Respondents 4 and 5
O R D E R
(made by R.SURESH KUMAR, J.) Heard Mr.A.Mohamed Ismail, learned counsel for the Petitioner and Mr.K.Soundararajan, learned Standing Counsel for the first Respondent/ Chennai Corporation and Ms.Srijeyanthi, learned Special Government Pleader for the Respondents 4 and 5.
2. The learned Standing Counsel for the first Respondent Corporation has brought to the notice of this court that by the decision of the Town Vending Committee of the Chennai Corporation dated 19 July 2019, streets/areas in Chennai City have been identified and earmarked as vending and non vending areas. About 136 areas have been declared as vending areas. As regards, Taramani, the following two places have been identified by the Chennai Corporation as vending areas.
Sl.No. Ward Street 1.
Taramani Bus Stand Road 2.
Taramani 4th Cross Street
3. Therefore, by virtue of the said decision taken by the first Respondent, other areas including the areas for which now prayer is sought for by the writ Petitioner have been declared to be non vending areas. Therefore, the question of considering the prayer for grant of permission or license or identity card to the members of the Petitioner Association or any other public, for doing street vending business does not arise in the present circumstances. At the same time, since they are poor street vendors, it is open to them to make necessary application to the first Respondent Corporation for grant of such permission in the vending areas already declared by the first Respondent Corporation, vide Town Vending Committee's decision dated 19.07.2019.
4. If any such application is made, the same shall be decided by the first Respondent on merits and in accordance with law. Accordingly, the Writ Petition is disposed of. No costs. Consequently, WMP No.279 of 2018 is also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tar To 1 THE COMMISSIONER, CORPORATION OF CHENNAI COMMISSIONER RIPPON BUILDING CHENNAI-03 2 THE ASSISTANT COMMISSIONER ZONE NO.13 CORPORATION OF CHENNAI ADYAR CHENNAI-20 3 THE TOWN VENDING COMMITTEE (TVC) REP BY ITS CHAIRPERSON OFFICE OF ZONAL EXECUTIVE ENGINEER CORPORATION OF CHENNAI-03 4 THE DEPUTY COMMISSIONER OF POLICE ADAYAR CHENNAI-20 5 THE INSPECTOR OF POLICE THARAMANI POLICE STATION CHENNAI-600 113 +1cc to Mr.K.Soundarajan, Advocate sr.105723 +1cc to Special Government Pleader sr.106212 W.P. No.201 of 2018 rp(co) nr 17/02/2020