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Madras High CourtWP/5759/2021disposed of

Prabavathy v. The Chairperson/

2021-03-09Honourable Mr Justice B.Pugalendhi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 9/3/2021 C O R A M THE HONOURABLE Mr.JUSTICE B.PUGALENDHI Writ Petition No.5759 of 2021 Prabavathy

...Petitioner

Vs The Chairperson/ Zonal Executive Engineer (Zone No.8) The Township Vending Committee Corporation of Chennai Shenoy Nagar Chennai 600 030.

...Respondent

Prayer:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondent to consider and pass orders on the representation dated 6/1/2021as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and till such time not to interfere with the running of the petitioner's bunk shop near Mangali Amman Koil Street, Near Gandhi Salai, Near Indian Children Welfare Association, Opposite to Muruma Tiffin Centre, Crescent road, Shenoy Nagar, Chennai 600 030, wherein selling tea, coffee, tiffin, snacks and other food items.

For petitioner ...

Mr.L.Chandrakumar For respondents ...

Ms.P.T.Ramadevi Standing Counsel

O R D E R

This writ petition has been filed to direct the respondent, to consider and pass orders on the representation, dated 6/1/2021, as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and till such time not to interfere with the running of the petitioner's bunk shop, near Mangali Amman Koil Street, Near Gandhi Salai, Near Indian Children Welfare Association, Opposite to Muruma Tiffin Centre, Crescent road, Shenoy Nagar, Chennai 600 030, wherein selling tea, coffee, tiffin, snacks and other food items.

2. Ms.P.T.Ramadevi, learned Standing Counsel takes notice for the respondent and would submit that no bunk is either permitted or available, as claimed by the petitioner in the https://hcservices.ecourts.gov.in/hcservices/

aforesaid place. She would further submit that the place referred by the petitioner is a not a notified place, as per the Street Vendors Act.

3. Without going into the merits of the claim of the petitioner, considering the fact that the petitioner is a physically challenged person, the respondent is directed to consider the case of the petitioner sympathetically, by providing place in a vending zone declared under the Street Vendors Act.

4. Accordingly, this writ petitioner is directed to furnish a fresh representation along with her disability certificate for an allotment of shop or space in any vending zone within the respondent Corporation limit, within a period of two weeks and if any request or representation is made, the respondents shall consider the same sympathetically and to take a decision, within a period of eight weeks, thereafter.

5. With the above direction, this writ petition is disposed of. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar mvs.

To The Chairperson/ Zonal Executive Engineer (Zone No.8) The Township Vending Committee Corporation of Chennai Shenoy Nagar Chennai 600 030.

+1 CC to Mr.K. Kamaraj, Advocate sr 14733.

+1 CC to Ms.P.T.Ramadevi, Advocate sr 14802.

Writ Petition No.5759 of 2021 PL(CO) SP(01/04/2021) https://hcservices.ecourts.gov.in/hcservices/