Saraswathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2025

CORAM

THE HONOURABLE Mr JUSTICE R. SURESH KUMAR AND THE HONOURABLE Mr.JUSTICE A.D. JAGADISH CHANDIRA Saraswathi .. Petitioner Vs.

1.The District Collector Chennai District Chennai 600 001 2.The Commissioner Corporation of Chennai Rippon Buildings Chennai 3.The Chairperson/Zonal Officer/ Executive Engineer (Zone-13) The Township Vending Committee Corporation of Chennai No.115, Dr.Muthulakshmi Salai Adayar, Chennai 600 020 .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying 1/6

for issuance of a writ of mandamus directing the 3rd respondent to consider the petitioner's representation dated 25.11.2024 seeking the grant of a license/ permission to operate the petitioner's hotel at Anderson Salai, Chennai, selling tiffin, lunch, dinner and snacks.

For Petitioner : Mr.R.Rajadurai For 1st Respondent : Mr.G.Ameedius Government Advocate For RR2 & 3 : Mr.D.B.R.Prabhu Standing Counsel

O R D E R

(Made by R. SURESH KUMAR, J.) The prayer sought in this writ petition is for a writ of mandamus directing the 3rd respondent to consider the petitioner's representation dated 25.11.2024.

2. The petitioner claimed to have been running a street vending business at Anderson Salai, Chennai, which was according to her, a vending zone. Despite the fact that being a vending zone, as per the Street Vendors (Protection and Livelihood Regulation) Act, 2014, necessary permission has not been given. Therefore, the petitioner has made a representation to that effect to the respondent Corporation on 25.11.2024 and in order to consider the same and pass orders, 2/6

seeking a mandamus, this writ petition has been filed.

3. Heard both sides and perused the materials placed before this Court.

4. The learned Standing Counsel appearing for the respondent Corporation has submitted that for each and every zone, there is a Sub-Committee to inspect the localities, streets and roads and to give a report to the Town Vending Committee for declaration of a particular area as Vending/Non-Vending Zone. Accordingly, the Sub-Committee Meeting in respect of that zone was conducted on 21.02.2025, where, after inspection, the Sub-Committee has made recommendation that what are the streets, roads could be declared as Vending/ Non-Vending Zone. A proceeding to that effect dated 21.02.2025 also been filed, where, in the list of Non-Vending Zone, 71 locations i.e., streets/roads had been provided, out of which, serial No.7 Anderson Road has also been included.

5. Once the Anderson Road where the petitioner seems to have been running the business of street vending, has already been recommended by the Sub-Committee to the Town Vending Committee to declare it as a Non-Vending 3/6

Zone, at that juncture, we cannot give any positive direction as sought for by the petitioner. But, at the same time, since the representation has already been made by the petitioner on 25.11.2024, which is pending with the respondent Corporation, that can be considered and decided by them on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order and a copy of the order can be communicated to the petitioner. With the above directions, this writ petition stands disposed of. No costs. (R.S.K., J.) (A.D.J.C., J.) 19.03.2025 Index : Yes/No Netural Citation : Yes/No gya 4/6

To 1.The District Collector Chennai District Chennai 600 001 2.The Commissioner Corporation of Chennai Rippon Buildings, Chennai 3.The Chairperson/Zonal Officer/ Executive Engineer (Zone-13) The Township Vending Committee Corporation of Chennai No.115, Dr.Muthulakshmi Salai Adayar, Chennai 600 020 5/6

R. SURESH KUMAR, J.

AND A.D. JAGADISH CHANDIRA, J.

gya 19.03.2025 6/6