M.Visalatchi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2023 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.9408 of 2023 M.Visalatchi ... Petitioner -Vs1.The Commissioner Corporation of Chennai Rippon Buildings, Chennai-600 003.
2.The Chairperson/ Zonal Executive Engineer Zone No. ,(the Town Vending Committee) Corporation of Chennai Chennai District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 17.08.2022, as per the provisions at 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 at Tamil Police Museum, Pantheon Road (Opp. Old Commissioner Office Bus Stop), Egmore, Chennai-600 008 wherein selling Tea, Coffee, Juice, Cool drinks and chat and Food Tiffin items by using LPG Gas Stove.
For Petitioner Mrs.K.Keerthi for Mr.K.Pranbhakaran For Respondents Mrs.P.T.Ramadevi Standing Counsel
O R D E R
This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 17.08.2022, wherein the petitioner has sought for protection under the Street Vendors (Protection of Livelihood Regulation) Act 2014.
2.Heard Mrs.K.Keerthi, learned counsel for the petitioner and Mrs.P.T.Ramadevi, learned Standing Counsel for the respondents. 3.On carefully going through the materials placed before this Court, it is seen that not even a scrap of material is available to satisfy that the petitioner is running a Bunk Shop at Pantheon Road. All the materials that have been placed before this Court only shows that the petitioner's address is at Villivakkam. This Court cannot pass mechanical orders based on some representations unless there is some material to satisfy that the Bunk Shop is being put up and run in a place. If this Court does not satisfy itself with this minimum fact, anybody can approach this Court and get an order of injunction and thereafter establish a Bunk Shop and which case the Corporation will not be able to take any action. The last thing that a constitutional court must do is to enable somebody to put up a Bunk Shop only based on its order without anything more.
4.In the light of the above discussion, this writ petition stands dismissed. No costs. 19.04.2023 KP Internet : Yes/No Index : Yes/No Speaking Order:Yes/No To 1.The Commissioner Corporation of Chennai Rippon Buildings Chennai-600 003.
2.The Chairperson/ Zonal Executive Engineer Zone No. ,(the Town Vending Committee) Corporation of Chennai Chennai District.
N.ANAND VENKATESH, J.
KP W.P.No.9408 of 2023 19.04.2023