V.Balamurali, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.06.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE M.SUNDAR W.P.No.14945 / 2017 V.Balamurali .. Petitioner Vs 1.The Commissioner, Chennai-600 003.

2.The Chairperson/Zonal Executive Engineer Zone-11, (The Township Vending Committee) Chennai-600 021 .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus or direction more in the nature of writ, directing the respondents to consider and pass orders on the petitioners representation dated 08.05.2017 as per the provisions of Street Vendors (Protection of Livelihood Regulation) Act, 2014 made for granting permission/certificate of vending and till such time not to disturb with the running of the petitioner's bunk shop at Ward No:143, Zone-11, Nolambur Scheme-1, Dominos Pizza Corner, 5th Main Road Junction, Mugapair East, Chennai-37 where in selling tea, coffee and food items by using L.P.G. Stove. For Petitioner :

Mr.A.Harivasagam For Respondents :

Mr.A.Nagarajan

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition is taken up for final disposal at the admission stage itself. Mr.A.Nagarajan, learned Standing Counsel accepts notice on behalf of the respondents.

The petitioner, in the affidavit filed in support of this writ petition would aver among other things that he is otherwise abled [physically challenged] and he is running a Bunk Shop in Ward No.143, Zone-11, Nolambur Scheme-1, Dominos Pizza Corner, 5th Main Road Junction, Mugapair East, Chennai-37 and he is selling Tea, Coffee and Snacks / food items in a hygenic manner and also in strict compliance of the Food Safety Standard. He would further add that he had submitted an application in terms of the provisions of the Street Vendors [Protection of Livelihood Regulation] Act, 2014 for grant of permission / certificate of vending through representations dated 08.05.2017 and 24.05.2017 respectively and since the same have not been considered and disposed of, the petitioner came forward to file the present writ petition.

Heard the learned counsel appearing for the petitioner and Mr.A.Nagarajan, learned Standing counsel appearing for the respondents and perused the typed set of documents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the applications / representations submitted by the petitioner, directs the 2nd respondent to consider and dispose of the representations dated 08.05.2017 and 24.05.2017 respectively, submitted by the petitioner on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AP To 1.The Commissioner, Chennai-600 003.

2.The Chairperson/Zonal Executive Engineer Zone-11, (The Township Vending Committee) Chennai-600 021.

+1cc to Mr.A.Nagarajan, Advocate Sr. 42914 +1cc to Mr.A.Harivasagam, Advocate Sr. 42725 W.P.No.14945/2017 KGK(CO) VR(28/06/2017)