D. Nikitha v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.Nos.5501 & 5507 of 2023 W.P.No.5501 of 2023 D.Nikitha ... Petitioner Vs
2. The Zonal Executive Engineer [Zone No.4], Corporation of Chennai, Tondiarpet, Chennai - 600 081.
... Respondents Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus forbearing the respondents from interfering with the running of the petitioner's bunk shop at Perambur Bus Depo, Opposite to Madhavaram High Road, Perambur, Chennai - 600 001, 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 16.02.2023 is considered as per the provision of the Street Vendors [Protection of Livelihood 1/6
Regulation] Act, 2014.
W.P.No.5507 of 2023 K.Krishnan ... Petitioner Vs
2. The Zonal Executive Engineer [Zone No.9], Corporation of Chennai, Nungambakkam, Chennai - 600 034.
... Respondents Prayer:- Writ Petitions filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus forbearing the respondents from interfering with the running of the petitioner's bunk shop at No.115, Indian Bank Quarters, Compound all, Near Amman Kovil, Opposite Loyola Collage, Nungambakkam, Chennai - 600 034, 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 provision of the Street Vendors [Protection of Livelihood Regulation] Act, 2014. For Petitioner : Mr.R.Kamaraj in both WPs For Respondents : Mrs.P.T.Ramadevi, Chennai Corporation - R1 & R2 in both WPs COMMON ORDER 2/6
These Writ Petitions have been filed to forbearing the respondents from interfering with the running of the petitioner's bunk shop selling Tea, Coffee, snacks and other food items by using LPG gas stove till the Town Vending Committee is formed and decided on the petitioners' representation dated 16.02.2023 and 31.01.2023 are considered as per the provision of the Street Vendors [Protection of Livelihood Regulation] Act, 2014.
2. It is the case of the petitioners that they are running a bunk shop for the past several years and earning a meager sum for their livelihood. It is their further case that the officials of the respondents are frequently visiting the shop and threatening to remove the shop. Hence, they have filed these Writ Petitions for the aforesaid relief.
3. Mrs.P.T.Ramadevi, learning Standing Counsel takes notice for the respondents submitted that the Vending Committee is yet to be constituted and they are awaiting Orders of the Government.
4. In such view of the matter, the petitioners shall give a fresh 3/6
representation to the newly formed Vending Committee and on such representation being given, the Vending Committee shall consider the same and pass Orders within a period of two months thereafter. Till such time, the respondents shall not interfere with running of the petitioners' bunk shop.
5. With the above directions, these Writ Petitions are disposed of. No costs.
24.01.2023 Index:Yes/No vrc To,
2. The Zonal Executive Engineer [Zone No.4], Corporation of Chennai, Tondiarpet, 4/6
Chennai - 600 081.
3. The Zonal Executive Engineer [Zone No.9], Corporation of Chennai, Nungambakkam, Chennai - 600 034.
5/6
N.SATHISH KUMAR, J.
vrc WP.Nos.5501 & 5507 of 2023 24.01.2023 6/6