S.Murugan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2022
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.No.8435 of 2022 S.Murugan
...Petitioner
Vs 1.The District Collector, The Office of District Collector, Rajaji Salai, Chennai-1.
2.The Director, State Commission for Welfare of Differentlyable Person, Lady Wellington College Campus, Kamarajar Road, Chennai-600 005.
3.The Commissioner, The Greater Corporation of Chennai, Rippon Building, Chennai-600 003.
4.The Assistant Commissioner, 8th Zone, Corporation of Chennai, Shenoy Nagar, Chennai.
...Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the 3rd respondent to consider the letter Na.Ka.No.0601/(GRO)/ 2021 dated 10.03.2021 issued by the 2nd Respondent for the representation given by the petitioner dated 16.12.2020 to run the bunk shop uninterruptedly under Self-Employment Scheme near NSK Road, Chennai.
For Petitioner :
Ms.B.Sujatha For Respondents :
Mr.E.Sundaram (for R1 & R2) Government Advocate Mr.Rahul Aditya (for R3 & R4) for Ms.P.T.Ramadevi Standing Counsel
O R D E R
Mr.E.Sundaram, learned Government Advocate accepts notice for R1 and R2 and Mr.Rahul Aditya, learned counsel for Ms.P.T.Ramadevi, learned Standing Counsel accepts notice for R3 and R4 and both learned counsel are armed with instructions to enable final disposal of this writ petition even at the stage of admission. Hence, by consent expressed by all learned counsel, and in fact, at their request, this writ petition is disposed at this stage.
2. The petitioner claims to be differently abled and has produced a disability certificate issued by the District Differently abled Welfare Office, Government Peripheral Hospital Campus, K.K.Nagar, Chennai, to the effect that he has a 60% LD disability. He claims to be owning and managing a bunk Shop Near NSK Road, Chennai, wherein he sells beverages and snacks.
3. He seeks 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.
4. The petitioner also claims 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. The petitioner claims additional protection in terms of Tamil Nadu Rights of Persons with Disabilities Rules, 2018. Learned counsel would state that the petitioner has filed a representation on 26.10.2021 seeking protection under the Act and seeking issuance of a certificate permitting him to carry on his business.
5. Learned Counsel who has accepted notice for the Corporation would submit that the Town Vending Committee has indeed been constituted, which has not been arrayed as a party to this Writ Petition. Let the petitioner forward a copy of his representation filed by him before the respondent, to the Town Vending Committee. Upon receipt thereof, the petitioner will be heard and the representation disposed within twelve (12) weeks from the date of receipt of such representation. For such period, that is, 12 weeks from today, or till disposal of representation whichever is earlier, the petitioner shall not be disturbed.
6.This writ petition is disposed as above. No costs. Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar vs/ska To 1.The District Collector, The Office of District Collector, Rajaji Salai, Chennai-1.
2.The Director, State Commission for Welfare of Differentlyable Person, Lady Wellington College Campus, Kamarajar Road, Chennai-600 005.
3.The Commissioner, The Greater Corporation of Chennai, Rippon Building, Chennai-600 003.
4.The Assistant Commissioner, 8th Zone, Corporation of Chennai, Shenoy Nagar, Chennai.
+1cc to Mrs.B.Sujatha, Advocate Sr.No.23735 +1cc to M/s.P.T.Ramadevi, Advocate Sr.No.23449 +1cc to the Government Pleader Sr.No.24296 W.P.No.8435 of 2022 AK(CO) RVM(04/05/2022)