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Madras High CourtWP/8590/2022disposed of

Seethalakshmi v. The Chairperson/Zonal Executive Engineer (Zone No.8)

2022-04-07Honourable Dr Justice Anita Sumanth6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.8590, 8595, 8596, 8598, 8600 & 8601 of 2022 WP.No.8590 of 2022:- Seethalakshmi

...Petitioner

The Chairperson/ Zonal Executive Engineer (Zone No.8), (The Township Vending Committee), Corporation of Chennai, Shenoy Nagar, Chennai 600 030.

...Respondent

Constitution of India, to issue a Writ of Mandamus, directing petitioner's bunk shop at Opposite to Classic Apartment, Chitti Babu Street, Chetpet, Chennai 600 031, wherein selling Tea, Coffee, Snacks and other Food by using LPG gas stove. WP No.8595 of 2022:- G.VELU ENGINEER (ZONE NO.10) (THE TOWNSHIP KODAMBAKKAM CHENNAI 600 024.

representation dated 24.02.2022 as per the provision of the

petitioner's bunk shop backside Ramakrishna Mission Hr.Sec.School, Rajamannar Street, T.Nagar, Chennai 600 017, wherein selling Tea, Coffee, Snacks and other Food by using LPG gas stove.

WP No.8596 of 2022:- VIJAYKUMAR 1 THE CHAIRPERSON/ZONAL EXECUTIVE ENGINEER (ZONE NO.12) (THE TOWNSHIP ALANDUR CHENNAI 600 016.

petitioner's bunk shop at Opposite to Joint Commissioner Police Quarters and ground, Butt Road, Below the Kathipara Bridge (Ekkattuthangal Turning), Chennai 600 016, wherein selling Tea, Coffee, Snacks and other Food items using LPG gas stove. WP.No.8598 of 2022:- Masthan ...PETITIONER ENGINEER (ZONE NO.5) (THE TOWNSHIP BASIN BRIDGE ROAD CHENNAI 600 021.

...RESPONDENT Street Vendors (Protection of Livelihood Regulation) Act 2014 petitioner's bunk shop at Corner of Surya Narayana 1st Street Opposite to Yoga Munishwar Alaiyam Near TMB ATM Kalmandapam,

Royapuram, Chennai 600 013 wherein selling Tea Coffee Snacks and other Food items using LPG gas stove.

WP No.8600 of 2022:- GENGESH ENGINEER (ZONE NO.7) (THE TOWNSHIP AMBATTUR CHENNAI 600 053.

petitioner's bunk shop at Opposite to Tech Mahindra Limited, Ambattur Industries, M.T.H. Road, Chennai 600 098, wherein selling Tea, Coffee, Snacks, fruit juice items and sugarcane juice etc., WP No.8601 of 2022 RAMESH ENGINEER (ZONE NO.9) (THE TOWNSHIP NUNGAMBAKKAM CHENNAI 600 034.

representation dated 25.03.2022 as per the provision of the petitioner's bunk shop at Near Door No. 2, (Old No. 35), Sri Illam, Side Corner of Sai Illam, Thirumurthy Street, T.Nagar, Chennai 600 017, wherein selling Tea, Coffee, Snacks and Food items.

For Petitioner : Ms.Jasmine Padma in all WPs for Mr.L.Chandrakumar For Respondent : Mr.Rahul Aditya in all WPs for Ms.P.T.Ramadevi Standing Counsel COMMON ORDER Mr.Rahul Aditya, learned counsel for Ms.P.T.Ramadevi, learned Standing Counsel for the respondent accepts notice for respondent and is armed with sufficient instructions to proceed with the matter finally.

2. The petitioners seek mandamus directing the respondent to consider the representation made on various dates seeking 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.

3. The petitioners also claim 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. The petitioner in WP.No.8590 & 8595 of 2022 merely seeks protection under the Act whereas the petitioner in WP.Nos.8596, 8598, 8600 & 8601 of 2022 claim additional protection in terms of Tamil Nadu Rights of Persons with Disabilities Rules, 2018. As per the affidavit filed in support of the writ petition, the details of the petitioners are as follows:- Seri al No.

Petitioner Percentage and nature of disability Address of the shop 1.

Seethalakshmi (W.P.No.8590 of 2022) Widow Opposite to Classic Apartment, Chitti Babu Street, Chetpet, Chennai-31

Seri al No.

Petitioner Percentage and nature of disability Address of the shop 2.

G.Velu (W.P.No.8595 of 2022) Self employed Backside of Ramakrishna Mission Hr. Sec.

School, Rajamannar Street, T.Nagar , Chennai-17 3.

Vijaykumar (W.P.No.8596 of 2022) 85% LD Opposite to Joint Commissioner Police Quarters and Ground Butt Road, Below the Kathipara Bridge (Ekkattuthangal Turning), Chennai-16 4.

Masthan (W.P.No.8598 of 2022) 70% Post Polio Residual Paralysis Corner of Surya Narayana 1st Street, Opposite to Yoga Munishwar Alaiyam Near TMB ATM, Kalmandapam, Royapuram, Chennai-13 5.

Ganesh (W.P.No.8600 of 2022) 75% LD Disability Opposite to Tech Mahindra Limited, Ambattur Industries, M.T.H.Road, Chennai-98 6.

Ramesh (W.P.No.8601 of 2022) 80% LD Disability Near Door No.2, (Old No.35), Sri Illam, Side Corner of Sai Illam, Thirumurthy Street, T.Nagar, Chennai-17 5.Learned counsel for the respondent has obtained instructions to state that the representation of the petitioners will be considered and the petitioners will be heard prior to disposal of the same. This is recorded.

6. The mandamus is thus issued to the Chairperson/Zonal Executive Engineer of the respective Zones directing him/her to pass orders upon the representation of the petitioners after hearing them within a period of twelve (12) weeks from today. The petitioners claims to be in the management of the bunk shops. Let their management of the same not be disturbed for a period of twelve (12) weeks or till the date of disposal of their representations, whichever is earlier.

7.These writ petitions are disposed as above. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vs/ska To 1.

THE CHAIRPERSON / ZONAL EXECUTIVE ENGINEER (ZONE NO.8), (THE TOWNSHIP VENDING COMMITTEE), CORPORATION OF CHENNAI, SHENOY NAGAR, CHENNAI 600 030.

2. THE CHAIRPERSON / ZONAL EXECUTIVE ENGINEER (ZONE NO.10) (THE TOWNSHIP KODAMBAKKAM CHENNAI 600 024.

3.

THE CHAIRPERSON / ZONAL EXECUTIVE ENGINEER (ZONE NO.12) (THE TOWNSHIP ALANDUR CHENNAI 600 016.

4. THE CHAIRPERSON / ZONAL EXECUTIVE ENGINEER (ZONE NO.5) (THE TOWNSHIP BASIN BRIDGE ROAD CHENNAI 600 021.

5. THE CHAIRPERSON / ZONAL EXECUTIVE ENGINEER (ZONE NO.7) (THE TOWNSHIP AMBATTUR CHENNAI 600 053.

6. THE CHAIRPERSON / ZONAL EXECUTIVE ENGINEER (ZONE NO.9) (THE TOWNSHIP NUNGAMBAKKAM CHENNAI 600 034.

+6ccs to Mr.R.Kamaraj, Advocate, S.R.No.24265 - 24270 +1cc to Mr.P.T.Ramadevi, Advocate, S.R.No.23900 +1cc to the Government Pleader, Sr.24582 W.P.Nos.8590, 8595, 8596, 8598, 8600 & 8601 of 2022 GPL[co] NSK 22/04/2022