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Madras High CourtWP/5764/2021disposed of

Amulraj 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.5764 of 2021 Amulraj

...Petitioner

Vs The Chairperson/ Zonal Executive Engineer (Zone No.9) The Township Vending Committee Corporation of Chennai Nungambakkam Chennai 600 034.

...Respondent

Prayer:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to forbear the respondent, its officials, servants from interfering with the running of the petitioner's bunk shop at Valluvarkottam compound backside, Lake area, I Street, Nungambakkam, Chennai 60 034, wherein selling waste papers and other allied items therein, including stitching of old clothes, till the petitioner's representation dated 11/11/2020 is considered and decide as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 by the respondent.

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 forbear the respondent, its officials, servants from interfering with the running of the petitioner's bunk shop, at Valluvarkottam compound backside, Lake area, I Street, Nungambakkam, Chennai 60 034, wherein selling waste papers and other allied items therein, including stitching of old clothes, till the petitioner's representation, dated 11/11/2020 is considered, as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, by the respondent.

https://hcservices.ecourts.gov.in/hcservices/

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 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(CS VII) True Copy Sub-Assistant Registrar To The Chairperson/ Zonal Executive Engineer (Zone No.9) The Township Vending Committee Corporation of Chennai Nungambakkam Chennai 600 034.

+1 Cc to Mr.R. Kamaraj, Advocate sr 14732.

+1 Cc to Ms.P.T.Ramadevi, Advocate sr 14801.

Writ Petition No.5764 of 2021 PL(CO) SP(01/04/2021) https://hcservices.ecourts.gov.in/hcservices/