S.Dhaseer v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2024 CORAM :
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.Dhaseer ..
Petitioner Vs.
1. The Commissioner Greater Corporation of Chennai Ribbon Building, Park Town Chennai - 600 003.
2. The Assistant Commissioner Greater Corporation of Chennai Zone - 9, Valluvar Kottam (Lake Area) Nungambakkam, Chennai - 600 034.
3. The Deputy Commissioner of Police Traffic (East) D - 1, Anna Salai Police Station Anna Salai, Chennai - 600 002.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents 1 and 2 to consider petitioner's representation dated 11.03.2024 and permit the petitioner to run mobile bunk shop at No.29/1, Thiru.Vi.Ka. Road Junction, Royapet, Chennai - 600 014.
For the Petitioner :
Mr.S.Pushpakaran For the Respondents :
Mr.A.S.Ragul Adhithya for Ms.P.T.Ramadevi Standing Counsel for R1 and R2 Mr.P.Balathandayutham Special Government Pleader for R3
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.) It is the case of the petitioner that the petitioner is running a mobile bunk shop and to obtain permission and license from the authorities concerned under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 [for brevity, hereinafter referred to as "the Act of 2014"], a representation has been given to the first respondent on 11.03.2024. In order to consider the said representation, the present writ petition has been filed.
2. Heard Mr.S.Pushpakaran, learned counsel for the petitioner, Ms.P.T.Ramadevi, learned Standing Counsel for respondents 1 and 2 and Mr.P.Balathandayutham, learned Special Government Pleader for respondent 3.
3.1. It is brought to our notice by the learned Standing Counsel that under the Act of 2014, the Town Vending Committee has been reconstituted by the Government Order in G.O (4D) No.29, Municipal Administration & Water Supply (MC.2) Department, dated 07.08.2023, consisting of fifteen members, chaired by the Commissioner of Greater Chennai Corporation. 3.2. Before the said Committee, an application shall be given in the format prescribed under Clause 4(2) of the Tamil Nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules, 2015, and in that format, if any application is filed, the Town Vending Committee, already constituted, would take care of it and a final decision would be taken.
3.3. Further, the representation has been simply made only to the first respondent and since the first respondent does not have the jurisdiction to independently decide the representation, it is for the petitioner to make an appropriate application in the prescribed format to the Town Vending Committee and if any such application is made, that would be taken care of by the Committee,
he contended.
4. Learned counsel appearing for the petitioner would submit that the petitioner would make an appropriate application to the Town Vending Committee in the prescribed format within a period of two weeks. Therefore, he seeks indulgence of this Court to give directions to the Town Vending Committee to decide the same on merits and in accordance with law.
5. Having regard to the aforesaid facts and circumstances and taking note of the submissions made by the respective learned counsel, this Court is inclined to pass the following orders: (i) It is open to the petitioner to make an application in the prescribed format to the Town Vending Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the Town Vending Committee shall consider it and decide on its own merits and in accordance with law;
(ii) In this regard, necessary inputs, if any, to be given to the Town Vending Committee by the respondent Corporation shall also be immediately given without any delay. After considering the merits of the claim, to be made by the writ
petitioner, a final decision can be taken.
(iii) It is needless to mention that depending upon the final decision to be taken, the fate of the shop/bunk of the petitioner, whether to be continued in the present location or in any other location or not would be decided; and (iv) It is made clear that the final decision shall be taken by the Town Vending Committee within a period of three months from the date of receipt of the application. Till such time, if any shop/bunk has already been possessed by the petitioner, the same can be verified, if so, that shall not be disturbed.
6. With these directions and observations, this writ petition stands disposed of. There shall be no order as to costs. Consequently, w.M.P.No.11277 of 2024 is closed. (R.S.K., J.) (A.D.J.C., J) 08.08.2024 drm
To:
1. The Commissioner Greater Corporation of Chennai Ribbon Building, Park Town Chennai - 600 003.
2. The Assistant Commissioner Greater Corporation of Chennai Zone - 9, Valluvar Kottam (Lake Area) Nungambakkam, Chennai - 600 034.
3. The Deputy Commissioner of Police Traffic (East) D - 1, Anna Salai Police Station Anna Salai, Chennai - 600 002.
R. SURESH KUMAR, J.
AND A.D.JAGADISH CHANDIRA, J.
(drm) 08.08.2024