G.Nirmal v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN G.Nirmal ... Petitioner Vs

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

2. The Zonal Executive Engineer (Zone No.5), Corporation of Chennai, Basin Bridge Road, Chennai - 600 021.

... Respondents Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondent from interfering with the running of the petitioner's bunk shop near Petrol Bunk, Muthuswamy Road, Chennai - 600 003, wherein selling Tea, Coffee, Snacks and other food items 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 For Respondents : Mr.D.B.R.Prabhu Standing Counsel for Greater Chennai Corporation.

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O R D E R

This Writ Petition has been filed for the following relief: "for issuance of a Writ of Mandamus, forbearing the respondent from interfering with the running of the petitioner's bunk shop at Amman Kovil Street, Near Malar Angadi, Vadapalani, Chennai - 600 026, wherein selling Tea, Coffee, Snacks and other food items therein till the Town Vending Committee is formed and decided on the petitioner's representation dated 13.02.2023 is considered as per the provision of the Street Vendors (Protection of Livelihood Regulation) Act, 2014."

2. It is the case of the petitioner that he is running a bunk shop for the past several years and earning a meager sum for their livelihood. It is his further case that the officials of the respondents are frequently visiting the shop and threatening to remove the shop. Hence, he filed this Writ Petition for the aforesaid relief.

3. Mr.D.B.R.Prabhu, learned Standing Counsel, who 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 petitioner shall give a fresh 2/4

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, this Writ Petition is disposed of. No costs.

13.03.2023 Index:Yes/No Speaking/Non-Speaking order ars To

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

2. The Zonal Executive Engineer (Zone No.5), Corporation of Chennai, Basin Bridge Road, Chennai - 600 021.

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RMT.TEEKAA RAMAN, J.

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