Jayakumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2022

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NO.6187 OF 2022 Jayakumar

...Petitioner

Vs 1.The Commissioner, The Corporation of Chennai, Rippon Building, Chennai-600 003.

2.The Chairperson, Zone-IX Street Vending Committee, The Corporation of Chennai, Chennai-600 003.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner Dated 04.02.2022 and consequently direct the 2nd respondent to issue license to continue to run Bunk Shop at 14/81, Arulambal Street, T.Nagar By the opposite side of Bhaggyam Square adjacent to the above mentioned apartment, T.Nagar, Chennai-600 017 to the petitioner.

For Petitioner :

Mr.G.M.K.S.Sundar For Respondents :

Mr.Rahul Aditya for Ms.P.T.Ramadevi

O R D E R

Mr.Rahul Aditya, learned counsel for Ms.P.T.Ramadevi, learned counsel accepts notice for R1 and R2 and armed with instructions to proceed with the matter finally. Hence, by consent of both learned counsel, this Writ Petition is disposed finally even at the stage of admission.

2. The petitioner runs a bunk shop at 14/81, Arulambal Street, by the opposite side of Bhaggyam Square adjacent to Padmanabhan Street, GRN Selva Square Apartment opposite to Annai Illam, T.Nagar, Chennai-600017 wherein he sells newspapers. https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner seeks protection under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 in terms of which Town Vending Committees have been constituted by the State Government for assessment of a Zone of the District as either a vending or non-vending zone. The committee has also been vested with the authority to regulate the business of street vendors in particular zones. The petitioner also claims protection in terms of Section 3 of the Act which states that no street vendors shall be evicted or relocated till the assessment / survey of the particular zone has been completed and a certificate of vending is either granted or application in that regard, rejected. 4.Learned counsel would state that the petitioner has filed a representation on 04.02.2022 seeking protection under the Act and seeking issuance of a certificate permitting him to carry on his business.

5.Moreover, the learned counsel for the respondents confirms receipt of the representation of the petitioner by R2. Thus, R2, who is the Chairperson, Zone-IX Street, Vending Committee, Chennai, is directed to consider the representation of the petitioner dated 04.02.2022, after affording opportunity of hearing to the petitioner and pass orders thereupon within a period of eight (8) weeks from today i.e. on or before 20.05.2022. Till such time or till disposal of representation whichever is earlier, the petitioner shall not be disturbed. 6.This writ petition is disposed as above. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar ska To 1.The Commissioner, The Corporation of Chennai, Rippon Building, Chennai-600 003.

2.The Chairperson, Zone-IX Street Vending Committee, The Corporation of Chennai, Chennai-600 003.

+1cc to M/s.P.T.Ramadevi, Advocate, Sr.No.18480 W.P.No.6187 of 2022 SVI(CO) RVM(08/04/2022) https://hcservices.ecourts.gov.in/hcservices/