M.Kuppan v. The Chairperson / Executive Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA M.Kuppan ..

Petitioner Vs.

1. The Chairperson/Executive Engineer Township Vending Committee Zone - IX, Greater Chennai City Corporation No.1, 4th Cross Street, Nungambakkam Chennai - 600 034.

2. The Commissioner for Welfare of the Differently Abled Office of Commissionerate for Welfare of the Differently Abled, No.5 Kamarajar Salai, Lady Wellington College Campus, Chennai - 600 005.

3. The District Collector Chennai District, No.62 Rajaji Salai, Singaravelar Maaligai Chennai - 600 001.

4. The Commissioner Greater Chennai City Corporation Rippon Buildings, Park Town Chennai - 600 003.

5. The District Differently Abled Welfare Officer District Differently Abled Welfare Office Forest Office Building, D.M.S. Complex Chennai - 600 006.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the first respondent to consider the petitioner representation dated 12.09.2020 to allot and grant permission to the petitioner put up a bunk shop at run Petty Shop at the Tamil Nadu "E" Governance Agency, No.5/9, Kavignar Bharathidasan Road, Alwarpet, Chennai - 600 018 (Near Grirshwari Hospital) or any other suitable places in the locality under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, consequently to protecting the petitioner family livelihood guaranteed under Article 21 of the Constitition of India.

For the Petitioner :

Mr.R.Anandha Babu For the Respondents :

Mr.A.S.Ragul Adhithya for Ms.P.T.Ramadevi Standing Counsel for R1 & R4 Mr.P.Balathandayutham Special Government Pleader for R2, R3 and R5

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) It is the case of the petitioner that the petitioner is running a bunk shop and to obtain permission and license from the authorities concerned under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act,

2014 [for brevity, hereinafter referred to as "the Act of 2014"], a representation has been given to the first respondent on 12.09.2019. In order to consider the said representation, the present writ petition has been filed.

2. Heard Mr.R.Anandha Babu, learned counsel for the petitioner, Ms.P.T.Ramadevi, learned Standing Counsel for respondents 1 and 4 and Mr.P.Balathandayutham, learned Special Government Pleader for respondents 2, 3 and 5. 3.1. It is brought to our notice by the learned Standing Counsel that under the Act of 2014, the Town Vending Committee has been reconstituted by the Government Order in G.O (4D) No.29, Municipal Administration & Water Supply (MC.2) Department, dated 07.08.2023, consisting of fifteen members, chaired by the Commissioner of Greater Chennai Corporation. 3.2. Before the said Committee, an application shall be given in the format prescribed under Clause 4(2) of the Tamil Nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules, 2015, and in that format, if any application is filed, the Town Vending Committee, already

constituted, would take care of it and a final decision would be taken.

3.3. Further, the representation has been simply made only to the first respondent and since the first respondent does not have the jurisdiction to independently decide the representation, it is for the petitioner to make an appropriate application in the prescribed format to the Town Vending Committee and if any such application is made, that would be taken care of by the Committee, he contended.

4. Learned counsel appearing for the petitioner would submit that the petitioner would make an appropriate application to the Town Vending Committee in the prescribed format within a period of two weeks. Therefore, he seeks indulgence of this Court to give directions to the Town Vending Committee to decide the same on merits and in accordance with law.

5. Having regard to the aforesaid facts and circumstances and taking note of the submissions made by the respective learned counsel, this Court is inclined to pass the following orders:

(i) It is open to the petitioner to make an application in the prescribed format to the Town Vending Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the Town Vending Committee shall consider it and decide on its own merits and in accordance with law;

(ii) In this regard, necessary inputs, if any, to be given to the Town Vending Committee by the respondent Corporation shall also be immediately given without any delay. After considering the merits of the claim, to be made by the writ petitioner, a final decision can be taken.

(iii) It is needless to mention that depending upon the final decision to be taken, the fate of the shop/bunk of the petitioner, whether to be continued in the present location or in any other location or not would be decided; and (iv) It is made clear that the final decision shall be taken by the Town Vending Committee within a period of three months from the date of receipt of the application. Till such time, if any shop/bunk has already been possessed by the petitioner, the same can be verified, if so, that shall not be disturbed.

6. With these directions and observations, this writ petition stands disposed of. There shall be no order as to costs. (R.S.K., J.) (A.D.J.C., J) 08.08.2024 drm

To:

1. The Chairperson/Executive Engineer Township Vending Committee Zone - IX, Greater Chennai City Corporation No.1, 4th Cross Street, Nungambakkam Chennai - 600 034.

2. The Commissioner for Welfare of the Differently Abled Office of Commissionerate for Welfare of the Differently Abled, No.5 Kamarajar Salai, Lady Wellington College Campus, Chennai - 600 005.

3. The District Collector Chennai District, No.62 Rajaji Salai, Singaravelar Maaligai Chennai - 600 001.

4. The Commissioner Greater Chennai City Corporation Rippon Buildings, Park Town Chennai - 600 003.

5. The District Differently Abled Welfare Officer District Differently Abled Welfare Office Forest Office Building, D.M.S. Complex Chennai - 600 006.

R. SURESH KUMAR, J.

AND A.D.JAGADISH CHANDIRA, J.

(drm) 08.08.2024