Manoj v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.10795 of 2023 Manoj, Proprietor PITA POC, Having principal place of business at, 12/25, Al Baith Royal, Nallanna Street, Royapettah, Chennai - 600 014.

.. Petitioner Vs.

1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2.The Chairperson / Executive Engineer, Township Vending Committee Zone XIII, Corporation of Chennai, Chennai - 600 020.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the Respondents from interfering with the running of the petitioner's food 1/6

truck "Pita Poc" near Besant Nagar, Chennai Corporation Ward No.176, Chennai - 600 090, wherein we specialize in serving Ice creams and Popsicle therein till the Petitioner-s representation dated 03.02.2023 is considered and decided as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 by the Respondents. For Petitioner : Mr.M.Karpagam For Respondents : Ms.P.T.Ramadevi Standing Counsel

O R D E R

(Order of the Court was delivered by V.M.VELUMANI,J.) The petitioner has come out with the present Writ Petition forbearing the respondents from interfering with running of the petitioner's food truck "Pita Poc" near Besant Nagar, Chennai Corporation Ward No.176, Chennai - 600 090, wherein Ice creams and Popsicle are served therein, till his representation dated 03.02.2023 is considered and decided as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, by the respondents. 2.By consent of the learned counsel appearing for the petitioner and Ms.P.T.Ramadevi, learned Standing Counsel, who takes notice for 2/6

respondents, this Writ Petition is taken up for final disposal at the admission stage itself.

3.Heard the learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents and perused the entire materials on record.

4.According to petitioner, he is running a mobile vending business in the name and style of "Pita Poc" from the year 2022, by obtaining necessary license from the Food Safety and Standard Authority of India with registration No.22421551000171. Further, he also registered his business under the Goods and Service Tax Act in GST No.33CKOPM2828QIZQ and obtained Trade Mark for the brand name "PITA POC" under Trade Mark Registration No.4925837. The officials of the respondents visited the food truck of the petitioner several times and threatened to seize his food truck stating that the petitioner must obtain Street Vending ID Card and apply to the Town Vending Committee for 'Certificate of Vending'. Therefore, when the petitioner approached the 2nd respondent for the same, the 2nd respondent informed him orally that enumeration process of collecting details like names of vendors, nature of vending, area / place of vending was handed over to 3/6

private agencies by the Corporation of Chennai. The State of Tamil Nadu recently formed the Street Vending Committee to regulate street vendors in Chennai and the 2nd respondent is the Chairperson for the said committee for Zone XIII. Hence, the petitioner sent representation dated 03.02.2023 to the respondents for issuing ID Card and to issue certificate of vending to continue food truck business. Since, no order has been passed on the said representation dated 03.02.2023, the petitioner has come out with the present Writ Petition.

5.From the above materials, it is seen that the petitioner has approached the respondents for issue of Street Vendor ID and Certificate of Vending. The respondents have not considered the application of the petitioner.

6.Considering the above, the respondents are directed to consider the application of the petitioner dated 03.02.2023 and pass orders on merits and in accordance with law, after giving personal hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. Till such time, the respondents are restrained from taking any coercive steps against the petitioner. 4/6

7.With the above directions, the Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. (V.M.V., J) (V.L.N., J) 10.04.2023 krk Index : Yes / No Internet : Yes / No To 1.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2.The Chairperson / Executive Engineer, Township Vending Committee Zone XIII, Corporation of Chennai, Chennai - 600 020.

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V.M.VELUMANI, J.

and V.LAKSHMINARAYANAN, J.

krk 10.04.2023 6/6