T.Mani v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2018
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.5832 of 2018 T.Mani, running bunk shop Opposite to Door No.169, Habibullah Road, Near Post Office Buildings, T.Nagar, Chennai-600 017.
... Petitioner Vs.
1.The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai-600 003.
2.The Chairperson/Zonal Executive Engineer, (Zone-9), (The Township Vending Committee), Corporation of Chennai, Basin Bridge Road, Chennai-600 034.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider and pass order on the petitioner's representation dated 01.03.2018 as per the provisions of 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 Opposite to Door No.169, Habibullah Road, Near Post Office Buildings, T.Nagar, Chennai-600 017, wherein selling tea, coffee, snacks and other food items therein.
For Petitioner :
Mr.E.Naveen For Respondents :
Mr.T.C.Gopalakrishnan, Standing Counsel ******
O R D E R
Heard Mr.E.Naveen, learned counsel for the petitioner and Mr.T.C.Gopalakrishnan, learned Standing Counsel for the respondents/Corporation.
2. By consent of either side, the main writ petition itself is taken up for final disposal.
3. The petitioner has filed this writ petition for issuance of Writ of Mandamus to direct the respondents to consider and pass order on the petitioner's representation dated 01.03.2018 as per the provisions of 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 Opposite to Door No.169, Habibullah Road, Near Post Office Buildings, T.Nagar, Chennai-600 017, wherein selling tea, coffee, snacks and other food items therein.
4. The learned counsel appearing for the petitioner submitted that in similar circumstances, the Division Bench of this court, by an order dated 28.02.2017, passed the following order:- "5.On hearing the learned counsel for the parties, suffice it to direct the Vending Committee constituted vide G.O.(4D)No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016, to consider the representation of the petitioner dated 27.1.2017 and pass appropriate orders in accordance with law, within three months from the date of receipt of a copy of this order and till such time, no coercive action shall be taken against the petitioner. All the ground urged in this petition can be raised before the Committee."
5. Mr.T.C.Gopalakrishnan, learned Standing Counsel for the respondents/Corporation submitted that the order passed by the Division Bench of this Court can be followed in this writ petition also.
6. In view of the submissions made by the learned counsel on either side, I direct the Vending Committee constituted vide G.O.(4D)No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016, to consider the petitioner's representation dated 01.03.2018 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. Till such time, no coercive action shall be initiated against the petitioner. All the grounds urged in this writ petition can be raised before the Committee.
7. With the above observations, the writ petition is disposed of. No costs.
Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR abr To 1.The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai-600 003.
2.The Chairperson/Zonal Executive Engineer, (Zone-9), (The Township Vending Committee), Corporation of Chennai, Basin Bridge Road, Chennai-600 034.
+1 cc to M/s.E.Naveen, Advocate SR.NO. 20542 W.P.No.5832 of 2018 SAI(CO) JK 03/04/18