V.Srinivasan, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.9692 of 2018 V.Srinivasan s/o Venugopal ... Petitioner v.

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

2. The Chairperson Zonal Executive Engineer Zone, Zone No.8 (The Town Vending Committee) Corporation of Chennai Chennai -600 119 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 20.07.2017, as per the provisions at 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 running of the petitioner's bunk shop at TP Chathiram 5th street, TP Chathiram Main road, Balavihar Compound, Chennai, wherein selling tea, coffee and food items by using LPG Gas stove. For Petitioner : Mr.R.Gopinath For Respondents : Mr.T.C.Gopalakrishnan, Standing Counsel

ORDER

Heard the learned counsel for petitioner and the learned Standing Counsel for the respondents 1 and 2.

2. Petitioner has come forward with this writ petition seeking issuance of writ of mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 20.07.2017.

3. According to the petitioner, he is a physically challenged person having 70% disability. He is running a bunk shop at TP Chathiram 5th street, TP Chathiram Main road, Balavihar compound, Chennai and per the provisions of Street Vendors (Protection of livelihood Regulation) Act 2014 he is entitled to get license from the respondent. Since license had not been issued, he gave a representation dated 20.07.2017, since no favourable reply was forthcoming, the present writ petition is filed.

4. Learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 2nd respondent to consider the representation of the petitioner.

5. Learned standing counsel for the respondents submitted that the representation of the petitioner will be considered in accordance with law by the 2nd respondent.

6. In the light of the above submissions, of the learned counsels appearing for either side, this Court, without going into the merits of the case, directs the second respondent to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law, after providing an opportunity of hearing to the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To

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

2. The Chairperson Zonal Executive Engineer Zone, Zone No.8 (The Town Vending Committee) Corporation of Chennai Chennai -600 119 +1cc to Mr.R.Gopinath, Advocate sr.no.31422 +1cc to M/s.T.C.Gopalakrishnan, Advocate sr.no.30226 W.P.No.9692 of 2018 nrl(co) nr 14/05/2018