G.Gopi v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP No.12386 of 2021 G.Gopi ....
Petitioner -Vs1. The Commissioner, Corporation of Chennai, Rippon Buildings Chennai 600 003.
2. The Chairperson, Zonal executive Engineer Zone, Zone No.6 (The Town Vending committee) Corporation of chennai Chennai 600 021.
....
Respondents Prayer :- Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to consider and pass orders on the petitioners representation at 21/12/2020 as per the provisions at the Street Vendors ( Protection of livelihood Regulation) Act 2014 made for granting permission / certificate of vending and till such 1 / 5
time not to disturb with the running of the petitioners bunk shop Nagathamman Temple Compound Tuberculosis Hospital Near Konnur High Road, Otteri, chennai 600 012 wherein selling tea coffee and food items by using LPG Gas Stove.
For Petitioner : Mr. R.Gopinath For Respondents : Mr. R.Gopinath Standing counsel for R1 & R2
O R D E R
This petition has been filed to consider the representation given by the petitioner, 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 Nagathamman Temple Compound, Tuberculosis Hospital Near Konnur High Road, Otteri, Chennai 600 012 wherein selling tea coffee and food items by using LPG Gas Stove.
2. The brief facts of the writ petition is as follows: The petitioner is running a bunk shop near Nagathamman Temple Compound Tuberculosis Hospital Near Konnur High Road, Otteri, chennai 600 012 wherein selling tea coffee and food items by using LPG Gas 2 / 5
Stove. The petitioner had applied before the Town Vending Committee to issue a Street vending I.D Card and also given all the details, as required by the respondent. However, enumeration process was not done in a proper manner by the private agencies, to whom the above work was handed over. Further, the officials of the respondent frequently visited the petitioner's shop and threatened to remove the shop. Hence, the petitioner has given a representation dated 21.12.2020 to the respondent requesting to conduct enumeration process for issuing ID Card and grant permission/certificate of vending for continuing his bunk shop business in the above place. But, it was not considered. Hence this writ petition.
3. According to the petitioner, he is running a bunk shop and as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, the State Government has to form a Township Vending Committee and take steps to regulate street vending and still such time, the business of the street vendors shall not be interfered.
4. Mr.R.Gopinath, learned Counsel takes notice for the respondent/ corporation.
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5. The learned counsel appearing for the respondent/ Corporation submitted that the representation was given by the petitioner only on 21.12.2020 and sought time to consider the same.
6. Taking note of the fact that the petitioner has given a representation to run a tea shop and the same is pending for a limited prayer, and also considering the submission made by the counsel for the respondent, this court is inclined to direct the respondent to consider the petitioner's representation and pass appropriate orders on merits in accordance with law, as early as possible within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above observation, the writ petition is disposed of. No costs. 08.09.2021 sha/rka 4 / 5
N.ANAND VENKATESH, J.
sha/rka To
1. The Commissioner, Corporation of Chennai, Rippon Buildings Chennai 600 003.
2. The Chairperson, Zonal executive Engineer Zone, Zone No.6 (The Town Vending committee) Corporation of chennai Chennai 600 021.
WP No.12386 of 2021 08.09.2021 5 / 5