Mrs.Mary, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN W.P.No.30914 of 2017 Mary ... Petitioner vs.

1.

The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

2.

The Chairperson/ Zonal Executive Engineer (Zone V), (The Township Vending Committee) Corporation of Chennai, Chennai.

The State Commissioner for Differently Abled, Chepauk, Chennai 600 005.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the Respondents 1 and 2 to consider and pass orders on the Petitioner's representation dated 24.10.2017 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 made for granting permission/Certificate of Vending and till such time not to disturb with the Petitioner's peaceful running of Bunk shop in front of Door No.5, Old Moore Market, Allikulam, Chennai 600 003. For Petitioner : Mr.E.Naveen For Respondents 1 & 2 : Mr.T.C.Gopalakrishnan For 3rd Respondent : Mr.S.N.Parthasarathi, Govt. Advocate

O R D E R

The Petitioner has come up with the present Writ Petition seeking a direction to the Respondents 1 and 2 to consider and pass orders on her representation dated 24.10.2017 as per the provisions of the Street Vendors (Protection of Livelihood

Regulation) Act, 2014 made for granting permission/Certificate of Vending and till such time not to disturb with her peaceful running of Bunk shop in front of Door No.5, Old Moore Market, Allikulam, Chennai 600 003.

2.

This Court has already taken a view with regard to the issue in question in W.P.Nos.32355 of 2017 batch of cases, vide order dated 21.12.2017 and hence, the Petitioner herein cannot be in a better footing than the Petitioners, who are covered by the order cited supra.

In view of the above, this Court is of the view that if the Petitioner is found eligible and comes within the enumerated list and fulfills other norms that are prescribed by the Hawking/Vending Committee, her request may be considered by the authorities. However, this will not give any right to the Petitioner to claim the Hawking/Vending Zone or any place in the area that has been allotted to SIDCO.

This Writ Petition is disposed of with the above direction and observation. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar (aeb) To:

1.

The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600 003.

2.

The Chairperson/ Zonal Executive Engineer (Zone V), (The Township Vending Committee) Corporation of Chennai, Chennai.

The State Commissioner for Differently Abled, Chepauk, Chennai 600 005.

+1cc to Mr.L.NAVEEN, Advocate, S.R.No. 15047 +1cc to Mr.T.C.GOPALA KRISHNAN, Advocate, S.R.No. 14618 +1cc to the Government Pleader, S.R.No. 15420 Order in W.P.No.30914 of 2017 NRL(CO) TR(11/04/2018)