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Madras High CourtWP/7596/2024disposed of

B.Iyyappan v. The Commissioner

2024-08-08Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA B.Iyyappan ..

Petitioner Vs.

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

..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondent to consider the petitioner's representation dated 15.12.2023 with regard to grant of licence for running petti shop/bunk shop. For the Petitioner :

Mr.A.K.Manojkumaar For the Respondent :

Mr.A.S.Ragul Adithya for Ms.P.T.Ramadevi Standing Counsel

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) It is the case of the petitioner that the petitioner is running a petti shop/bunk shop and to obtain permission and license from the authorities concerned under the provisions of the Street

Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 [for brevity, hereinafter referred to as "the Act of 2014"], a representation has been given to the first respondent on 15.12.2023. In order to consider the said representation, the present writ petition has been filed.

2. Heard Mr.A.K.Manojkumaar, learned counsel for the petitioner, Ms.P.T.Ramadevi, learned Standing Counsel for the respondent.

3.1. It is brought to our notice by the learned Standing Counsel that under the Act of 2014, the Town Vending Committee has been reconstituted by the Government Order in G.O (4D) No.29, Municipal Administration & Water Supply (MC.2) Department, dated 07.08.2023, consisting of fifteen members, chaired by the Commissioner of Greater Chennai Corporation. 3.2. Before the said Committee, an application shall be given in the format prescribed under Clause 4(2) of the Tamil Nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules, 2015, and in that format, if any application is filed, the Town Vending Committee, already

constituted, would take care of it and a final decision would be taken.

3.3. Further, the representation has been simply made only to the respondent and since the respondent does not have the jurisdiction to independently decide the representation, it is for the petitioner to make an appropriate application in the prescribed format to the Town Vending Committee and if any such application is made, that would be taken care of by the Committee, he contended.

4. Learned counsel appearing for the petitioner would submit that the petitioner would make an appropriate application to the Town Vending Committee in the prescribed format within a period of two weeks. Therefore, he seeks indulgence of this Court to give directions to the Town Vending Committee to decide the same on merits and in accordance with law.

5. Having regard to the aforesaid facts and circumstances and taking note of the submissions made by the respective learned counsel, this Court is inclined to pass the following orders:

(i) It is open to the petitioner to make an application in the prescribed format to the Town Vending Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the Town Vending Committee shall consider it and decide on its own merits and in accordance with law;

(ii) In this regard, necessary inputs, if any, to be given to the Town Vending Committee by the respondent Corporation shall also be immediately given without any delay. After considering the merits of the claim, to be made by the writ petitioner, a final decision can be taken.

(iii) It is needless to mention that depending upon the final decision to be taken, the fate of the shop/bunk of the petitioner, whether to be continued in the present location or in any other location or not would be decided; and (iv) It is made clear that the final decision shall be taken by the Town Vending Committee within a period of three months from the date of receipt of the application. Till such time, if any shop/bunk has already been possessed by the petitioner, the same can be verified, if so, that shall not be disturbed.

6. With these directions and observations, this writ petition stands disposed of. There shall be no order as to costs. (R.S.K., J.) (A.D.J.C., J) 08.08.2024 drm To:

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

R. SURESH KUMAR, J.

AND A.D.JAGADISH CHANDIRA, J.

(drm) 08.08.2024