S.Murali v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.3973 of 2023 S.Murali ... Petitioner

Versus

1. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003.

2. The Chairman / Zonal Executive, Engineer Zone, Zone No.IX, 8, 4th cross Street, Lake Area, Nungambakkam, Chennai- 600 034.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider and on the Petitioners representation dated pass orders 30.01.2023 as per the provisions at the Street vendors (Protection of livelihood Regulation ) Act 2014 made for granting permission or certificate of vending and till such time not to disturb with the running of the Petitioners bunk shop at No.82 Thiru.Vi.Ka. Road near Amma hotel, Mylapore, Chennai- 600 004 wherein selling Tea, Coffee, Juice, Cool drinks and chat and Food Tiffin items by using 1/4

LPG Gas Stove.

For Petitioner : Mr.V.Sathya Moorthy For Respondents : Mrs.P.T.Ramadevi, Standing Counsel for Chennai Corporation for RR1 & 2

ORDER

The prayer sought for herein is for a writ of mandamus, directing the respondents to consider and on the Petitioners representation dated pass orders 30.01.2023 as per the provisions at the Street vendors (Protection of livelihood Regulation ) Act 2014 made for granting permission or certificate of vending and till such time not to disturb with the running of the Petitioners bunk shop at No.82 Thiru.Vi.Ka. Road near Amma hotel, Mylapore, Chennai- 600 004 wherein selling Tea Coffee Juice Cool drinks and chat and Food Tiffin items by using LPG Gas Stove.

2. It is the case of the petitioner that he is running a bunk shop for the past several years and earning a meagre sum for his livelihood. It is his further case that the officials of the respondents are frequently visiting the shop and threatening to remove the shop. Hence, the instant writ petition.

3. Mrs.P.T.Ramadevi, learned Standing Counsel takes notice for the 2/4

respondents and on instruction submitted that the Vending Committee is yet to be constituted and they are awaiting orders from the Government.

4. Once the Vending Committee is formed, petitioner is directed to give a fresh representation and on such representation being given, the Vending Committee shall consider the representation of the petitioner, and pass orders, on merits and in accordance with law, within a period of two months, thereafter. Till such time, the respondents shall not interfere with the running of the petitioner's bunk shop.

5. With the above direction, this writ petition is disposed of. No costs. 10.02.2023 rli Index : Yes/No To

1. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003.

N. SATHISH KUMAR, J.

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rli

2. The Chairman / Zonal Executive, Engineer Zone, Zone No.IX, 8, 4th cross Street, Lake Area, Nungambakkam, Chennai- 600 034.

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