Madras High CourtWP/6630/2019disposed of

M.Gopi v. The District Collector

2019-03-07Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.6630 of 2019 --- M.Gopi ..Petitioner Vs 1.The District Collector O/o.Chennai District Collector Singaravelan Maligai Chennai-600 001 2.The Commissioner Corporation of Chennai Rippon Building Chennai 3.The Chairperson Zonal Executive Engineer (Zone 13) (The Township Vending Committee) Corporation of Chennai Chennai ..Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a writ of Mandamus, directing to consider the representation dated 12.02.2019 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act made granting permission/Certificate of vending submitted by the Petitioner to the respondents herein and to allot a bunk shop within the jurisdiction of Zone XIII of Chennai Corporation, in accordance with law.

For Petitioner :

Mr.S.Senthilvel For Respondents :

Mr.V.Shanmuga Sundar, Spl.G.P. for R1.

Ms.Karthika Ashok Standing counsel for Chennai Corporation for R2 and R3.

ORDER

By consent of both sides, this Writ Petition is taken up for final disposal.

Writ Petition is filed praying to issue a writ of Mandamus directing the respondents to consider the representation dated 12.02.2019 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act 2014 made granting permission/Certificate of vending submitted by the Petitioner to the respondents herein and to allot a bunk shop within the jurisdiction of Zone XIII of Chennai Corporation, in accordance with law.

3. The petitioner claims that he is a differently abled person having 80% disability and he is running a Shop. It is further averred that out of the meager income earned, he is eking out his livelihood and is also running his family. The petitioner would state that he is also entitled to the benevolent provisions of the Tamil Nadu Street Vendors [Protection of Livelihood and Regulation of Street Vending] Act, 2014 and the Rules and Regulations framed thereunder and in this regard, he has also submitted a representation dated 12.02.2019 to the 3rd respondent and sofar no orders has been passed. Hence, the Petitioner came forward to file the present writ petition.

The learned Standing Counsel appearing for the respondents 2 and 3/Corporation submits that the 3rd respondent may be directed to consider and dispose of the said representation within a time frame as fixed by this court.

Without expressing any opinion on the merits of the case, the 3rd respondent is directed to consider the representation of the petitioner dated 12.02.2019 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the Petitioner. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar nvsri To 1.The District Collector O/o.Chennai District Collector Singaravelan Maligai Chennai-600 001

2.The Commissioner Corporation of Chennai Rippon Building Chennai 3.The Chairperson Zonal Executive Engineer (Zone 13) (The Township Vending Committee) Corporation of Chennai Chennai +1cc to Mr.S.Senthilvel , Advocate SR.No. 21975 +1cc to Ms.Karthika Ashok, Advocate SR.No. 21579 +1 cc to Government Pleader SR.NO. 22614 WP.6630 of 2019 spp (CO) A.SK(23/04/2019)