Loganathan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05-04-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Loganathan ... Petitioner Vs.
The Managing Director, Small Industries Development Corporation Ltd (SIDCO), Guindy Industrial Estate, Guindy, Chennai-600 032.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondent from interfering with the running of petitioner's Bunk Shop at near Government Technical Training Centre, Opposite to Olympia, South Phase Road, Guindy Industrial Estate, Guindy, Chennai-600 032, wherein selling Tea, Coffee, Snacks and other food items by using LPG Gas Stove therein till the Town Vending Committee is formed and decided on the petitioner's representation dated 31.01.2023 is considered as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014. For Petitioner : Ms.J.Malathi
For Respondent : Mr.M.Elangovan
O R D E R
The relief sought for in the present writ petition to forbear the respondent from interfering with the running of petitioner's Bunk Shop at near Government Technical Training Centre, Opposite to Olympia, South Phase Road, Guindy Industrial Estate, Guindy, Chennai-600 032, wherein selling Tea, Coffee, Snacks and other food items by using LPG Gas Stove therein till the Town Vending Committee is formed and decided on the petitioner's representation dated 31.01.2023 is considered as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014.
2. Admittedly, the petitioner is not holding any valid Trade License for running the Bunk Shop.
3. The petitioner states that he has submitted an application to the respondent seeking permission. The permission to run the Bunk Shop is to be granted by following the procedures and by considering the
applications, if any submitted by the other persons.
4. Illegal running of Bunk Shops, at no circumstances, be encouraged, since it will cause inconvenience to the people of that locality and to the vendors, who all are running the business by duly getting their trade license/permission. Therefore, the petitioner is not entitled for the relief as such sought for in the present writ petition.
5. The respondent is bound to regulate the running of shops in that locality and permission is to be granted strictly following the procedures as contemplated. If at all, illegally Bank Shops are running in that locality, the Authorities are bound to initiate appropriate action in the manner known to law.
6. With the abovesaid observations, the writ petition stands dismissed. However, there shall be no order as to costs. 05-04-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn S.M.SUBRAMANIAM, J.
Svn To The Managing Director, Small Industries Development Corporation Ltd (SIDCO), Guindy Industrial Estate, Guindy, Chennai-600 032.
WP 5685 of 2023 05-04-2023