Pandurangan v. The Greater Chennai Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No.10947 of 2025 Pandurangan
...Petitioner
-Vs1. The Greater Chennai Corporation, Rep., by its Commissioner, Ripon Building, Chennai-600003.
2.The Chairperson/Zonal Executive Engineer, Zone-9, Greater Chennai Corporation, No.8, 4th Cross Street, Lake area, Nungambakkam, Chennai- 600 034.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 28.02.2025 as per the provisions of the street vendors 1/7
(Protection of livelihood Regulations Act, 2014 made for granting permission or certificate of vending and till such not to disturb with the running of the petitioner's bunk shop at Near Corporation Play Ground Venkat Narayana Road, T.Nagar, Chennai-600017 wherein selling Tea, Coffee, Juice, Cool drinks and chat and food items. For Petitioner :
Mr.G.V.Sridharan For Respondents :
Mr.D.B.R.Prabhu Standing Counsel for R1& R2
O R D E R
The writ petition has been filed to direct the respondents to consider and pass orders on the petitioner's representation dated 28.02.2025 as per the provisions of the street vendors (Protection of livelihood Regulations) Act, 2014 made for granting permission or certificate of vending and till such not to disturb with the running of the petitioner's bunk shop at Near Corporation Play Ground Venkat Narayana Road, T.Nagar, Chennai-600017 wherein selling Tea, Coffee, Juice, Cool drinks and chat and food items.
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2.The learned counsel appearing for the petitioner submitted that petitioner, a 75% physically disabled person, runs a bunk shop near Corporation Play Ground, T. Nagar, Chennai, selling tea, coffee, and food. His shop does not obstruct public movement or traffic. As per the Street Vendors (Protection of Livelihood Regulation) Act, 2014, the State Government must form a Town Vending Committee to regulate vending and declare no-vending zones. Until such regulation is in place, vendors should not be disturbed. Despite this, officials are interfering with the petitioner's business, citing it as "unauthorized." On 28.02.2025, he submitted a representation requesting vending permission, which must be considered by the Street Vending Committee. In W.P. No. 3973 of 2023, dated 10.02.2023, this Court directed that the Vending Committee must decide on such representations within two months and that vendors should not be disturbed in the meantime.
3.The learned counsel for the petitioner further submitted the petitioner is running the above said shop for the last twenty years. 3/7
4.The learned Standing Counsel appearing for the respondent/Corporation submitted that the above said road has been declared as a non vending zone and the tea shop which is run there which is not in the name of the petitioner, is run by some other person. He further submitted that the representation of the petitioner dated 28.02.2025 will be considered by the vending Committee during the next meeting which is scheduled in the month of April 2025.
5.Heard both side and perused the materials available on record. 6.The 1st respondent is directed to consider the petitioner's representation dated 28.02.2025 as per the provisions of Street vendors (Protection of livelihood Regulation Act,) 2014 by giving due notice to the petitioner after giving due opportunity of personal hearing on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
7.The 1st respondent is directed not to take any coercive action till the representation of the petitioner disposed of on merits and in accordance with law.
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8.Accordingly, the writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 26.03.2024 vsn Index : Yes / No Speaking / Non-Speaking Order To
1. The Greater Chennai Corporation, Rep., by its Commissioner, Ripon Building, Chennai-600003.
2.The Chairperson/Zonal Executive Engineer, Zone-9, Greater Chennai Corporation, No.8, 4th Cross Street, Lake area, Nungambakkam, Chennai- 600 034.
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J.SATHYA NARAYANA PRASAD, J.
vsn and W.M.P.No.10947 of 2025 26.03.2024 6/7
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