Ravindran v. The Chairperson / Zonal Executive
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.05.2021 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.Nos.11682 and 11683 of 2021 Ravindran ...
Petitioner in W.P.No.11682 of 2021 M.Raghu ...
Petitioner in W.P.No.11683 of 2021 -VsThe Chairperson / Zonal Executive Engineer (Zone No.7) Chennai - 600 053. ...
Respondent in W.P.No.11682 of 2021 The Chairperson / Zonal Executive Engineer (Zone No.5) Basin Bridge Road, Chennai - 600 021. ...
Respondent in W.P.No.11683 of 2021 Prayer in W.P.No.11682 of 2021 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondent, its officials, servants from interfering with the running of the petitioner's bunk shop at Near Lakshmi Apartments, Collector Nagar Bus Stop, Near Platinum Apartment, Chennai - 600 050, wherein he is selling tea, coffee, snacks and other food items therein, till the petitioner's representation, dated 05.04.2021 is considered and decided as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 by the respondent.
Prayer in W.P.No.11683 of 2021 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to consider and pass orders on the petitioner's representation, dated 05.04.2021 made for issuing I.D.Card and granting certificate of vending as per the provision of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 within a time frame and till such time not to interfere with the running of the petitioner's bunk shop at Allikulam Link Road, Near Saravana Tea Stall and Ambur Biriyani Shop, Backside of V.P.Hall, Opposite to V.R.Mobile Service, Chennai - 600 003, wherein he is selling fruits, juice and snacks items. For Petitioners : Mr.L.Chandrakumar For Respondent : Ms.P.T.Ramadevi
ORDER
The prayer sought for in W.P.No.11682 of 2021 is for a writ of mandamus, forbearing the respondent, its officials, servants from interfering with the running of the petitioner's bunk shop at Near Lakshmi Apartments, Collector Nagar Bus Stop, Near Platinum Apartment, Chennai - 600 050, wherein he has been selling tea, coffee, snacks and other food items therein till the petitioner's representation, dated 05.04.2021 is considered and decided as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 by the respondent.
2. The prayer sought for in W.P.No.11683 of 2021 is for a writ of mandamus directing the respondent to consider and pass orders on the petitioner's representation, dated 05.04.2021 made for issuing I.D.Card and granting certificate of vending as per the provision of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and till such time not to disturb with the running of the petitioner's bunk shop at Allikulam Link Road, Near Saravana Tea Stall and Ambur Biriyani Shop, Backside of V.P.Hall, Opposite to V.R.Mobile Service, Chennai - 600 003, wherein he has been selling fruits, juice and snacks items.
3. The petitioners are street vendors covering under the provisions of Street Vendors (Protection of Livelihood Regulation) Act, 2014 and in this regard, pursuant to the earlier litigation, where orders have been passed, the grievance of these kind of street vendors have to be resolved by a committee constituted in this regard, called, "The Township Vending Committee".
4. In this context, it is the case of the petitioners that, the petitioners have been running a shop / bunk shop within the respondent corporation limit and in order to make the proper enumeration under the provisions of the Act and to extend the benefit of the provisions of the Act to the petitioners, the petitioners have given representations to the respondent committee on 05.04.2021, however, the same since have not been considered so far and without considering the same and making the proper enumeration, if any decision, adversely taken against the petitioners, the very livelihood of the petitioners would be affected. Therefore in order to seek indulgence of this Court to give a direction by way of mandamus to the respondent committee, to consider and decide the said representations submitted by the petitioners and to pass orders thereon, on merits within a time frame, the petitioners have approached this Court by filing the present writ petitions with the aforesaid prayer.
5. Heard, Mr.L.Chandrakumar, learned counsel appearing for the petitioners, who after having reiterated the aforesaid, would seek indulgence of this Court to give a suitable direction to the respondent.
6. Heard, Ms.P.T.Ramadevi, learned standing counsel appearing for the respondent, who would submit that, the representations of the petitioners, dated 05.04.2021 would be considered by the respondent on merits and in accordance with law and accordingly, a decision would be taken and the same would be communicated by passing final order by the respondent within a time frame that may be stipulated by this Court.
7. Considering the said submission made by the learned counsel appearing for both sides and by taking note of the aforesaid and the documents filed in the typed set of papers in this regard in support of these writ petitions, this Court is inclined to dispose of these writ petitions with the following orders :
(i) There shall be a direction to the respondent to consider the representation of the petitioners, dated 05.04.2021 and decide the same on merits and in accordance with law, by giving an opportunity of being heard to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order.
(ii) It is made clear that, this Court have not expressed any view on the merits of the claim made by the petitioners in the said representations and it is for the respondent, to consider the said representations as indicated above and take a decision accordingly.
8. With these directions, these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Chairperson / Zonal Executive Engineer (Zone No.7) Chennai - 600 053.
2. The Chairperson / Zonal Executive Engineer (Zone No.5) Basin Bridge Road, Chennai - 600 021.
+1 cc to M/s.L.Chandrakumar, Advocate, SR.NO.27112 +1 cc to M/s.P.T.Ramadevi, Advocate, SR.NO.27136 W.P.Nos.11682 and 11683 of 2021 CP(CO) NS(13/05/2021)