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Madras High CourtWP/3333/2023disposed of

P.Manikandan v. The Commissioner

2023-02-07Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR R.Manikandan .. Petitioner in W.P.No.3333 of 2023 M.Revathy .. Petitioner in W.P.No.3336 of 2023

Versus

1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

2.The Zonal Executive Engineer (Zone No.5), (The Chairperson, Township Vending Committee) Corporation of Chennai, Basin Bridge Road, Chennai - 600 021.

.. Respondents in both petitions Prayer in W.P.No.3333 of 2023: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from interfering with the running of the petitioner's bunk shop at Opposite to Door No.208, South Mint Street, Memorial Hall Backside, Park Town, Chennai 600 003, wherein selling Tea, Coffee, snacks, fruit juices, cool drinks and other food items therein till the Town Vending 1/5

Committee is formed and decided on the petitioner's representation dated 20.09.2022 is considered as per the provision of the Street Vendors (Protection of Livelihood Regulation) Act, 2014. Prayer in W.P.No.3336 of 2023: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from interfering with the running of the petitioner's bunk shop at No.34-A, Velacherry Main Road, Near BCG Staff Quarters Compound, Guindy, Chennai 600 032, wherein selling Tea, Coffee, Snacks, Tiffen and other food items therein till the Town Vending Committee is formed and decided on the petitioner's representation dated 24.12.2022 is considered as per the provision of the Street Vendors (Protection of Livelihood Regulation) Act, 2014.

( In both petitions) For Petitioner : Mr.R.Kamaraj For Respondents For RR1 & 2 : Mrs.P.T.Ramadevi Government Advocate (Chennai Corporation) COMMON ORDER These writ petitions have been filed to forbear the respondents from interfering with the running of the petitioner's bunk shop till the Town 2/5

Vending Committee is formed and decide on the petitioner's representation dated 20.09.2022 and 24.12.2022 respectively as per the provision of the Street Vendors (Protection of Livelihood Regulation) Act, 2014.

2. It is the case of the petitioners that they are running a bunk shop for the past several years and earning a meager sum for their livelihood. It is their further case that the officials of the respondents are frequently visiting the shop and threatening to remove the shop. Hence, they have filed these writ petitions for the aforesaid relief.

3. Mrs.P.T.Ramadevi, the learned Standing Counsel takes notice for the respondents submitted that the Vending Committee is yet to be constituted and they are awaiting orders of the Government.

4. In such view of the matter, the petitioners shall give a fresh representation to the newly formed Vending Committee and on such representation being given, the Vending Committee shall consider the same and pass order, within a period of two months thereafter. Till such time, the respondents shall not interfere with running of the petitioner's bunk shop. 3/5

5. With the above directions, these writ petitions stand disposed of. No costs.

07.02.2023 ata Index : Yes / No Speaking Order : Yes / No To 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

2.The Zonal Executive Engineer (Zone No.5), (The Chairperson, Township Vending Committee) Corporation of Chennai, Basin Bridge Road, Chennai - 600 021.

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N.SATHISH KUMAR, J.

ata 07.02.2023 5/5