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Madras High CourtWP/22023/2018disposed of

K.Muralidaran, v. The Special Commissioner,

2018-10-04Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 04.10.2018

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.22023 of 2018 K.Muralidaran ... Petitioner -Versus1.The Special Commissioner, For Handicapped Office of The State Commissioner of Disabled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai 600005.

2.The Commissioner, Corporation of Chennai, Ripon Building, Chennai 600003.

3.The Commissioner of Police, E.V.R.Road, Vepery, Chennai 600007.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to dispose of the representation of the petitioner dated 05.07.2018.

For Petitioner : Mr.D.Johnsamuvel For Respondents : Mr.V.C.Selvasekaran, Standing Counsel for R2

ORDER

This writ petition has been filed seeking to issue a direction in the form of writ of mandamus directing the 1st respondent to consider the representation of the petitioner dated 05.07.2018 for grant of license / permission for running his petty business in the bunk on the road side margin.

2. The case of the petitioner is that he is a differently abled person and he has been running a business of selling of tea, coffee and tiffin by putting up a bunk at 'A' Road, Koyambedu Market, opposite to No.14 Tomato Gate and K-10 Police Station, without causing any disturbance to the general public. He has been eking out his livelihood from out of the income

derived through his petty business. While so, the respondents had attempted to dispossess him and to remove his bunk. Therefore, he has submitted a representation dated 05.07.2018 to the 1st respondent requesting him not to interfere with his business and seeking permission to continue run his business in the bunk shop. The grievance of the petitioner is that the 1st respondents is taking steps to dispossess him without without considering his representation. Apprehending dispossession, the petitioner is before this court with the instant writ petition.

3. The learned counsel for the petitioner reiterating the averments in the writ petition submitted that the petitioner is a differently abled person and he has been running his petty business in the bunk shop without causing any nuisance to the general public.

4. The learned counsel for the respondent corporation, on instructions, though admitted the fact that the petitioner has been running his business in the bunk shop as claimed in the writ petition, relying upon a judgement of a learned single Judge of this court in W.P.No.16054 of 2013 (batch cases) dated 20.09.2018 (D.S.Sundar v. The Special Commissioner for Handicapped, Office of the State Commissioner of Disabled, Chennai and others), he contended that the relief sought for by the petitioner cannot be granted and the petitioner can vindicate his grievance before the Committee to be formed under the provisions of the Central Act.

5. I have considered the rival submissions carefully.

6. This court very recently in D.S.Sundar v. The Special Commissioner for Handicapped, Office of the State Commissioner of Disabled, Chennai and others (W.P.No.16054 of 2018 dated 20.09.2018) has held that the grievance of the street vendors regarding the grant permission or license for running the business in the bunk shops can be vindicated before the Vending Committee and the relevant portion of the judgement of this court reads as follows:

"22. In this view of the matter, the relief, as such,sought for by the writ petitioners in these batch of writ petitions, cannot be granted. However, it is made clear that all such grievances, now brought to the notice of this Court, can be vindicated before the Committee constituted under the provisions of the Act, for the purpose of redressal of the cases of the writ petitioners in these batch of writ petitions and the writ petitioners are at liberty to submit their respective representations /applications/ objections before the Town Vending Committee for their consideration and for taking a decision on

merits and in accordance with law and considering the policy decisions of the Government in this regard. If any person is in occupation of a NonVending Zone or not meant for vending, as per the decisions of the competent authorities, then the authorities are bound to evict all those encroachers by following the procedures contemplated under the Tamil Nadu Land Encroachments Act, 1905."

7. At this juncture, the learned counsel for the petitioner submitted that since the petitioner has been doing his business in the bunk shop for a quite long number of months, until the committee is formed and the request of the petitioner for license is considered, she may be permitted to continue his business and the respondents may be directed not to disturb the business of the petitioner in the bunk shop.

8. In the light of the above position and having regard to the facts and circumstance of the case, this court is inclined to dispose of the writ petition with the following directions:- (i) The petitioner is permitted to submit his application, if so desires, before the Town Vending Committee to be constituted and on such application, the Committee shall consider the request of the petitioner for the grant of such license / permission and pass suitable orders on merits and in accordance with law within a reasonable time.

(ii) Until such final decision is taken by the Town Vending Committee, the respondents are directed not to interfere with the business of the petitioner in the bunk shop and the respondents shall act according to the decisions to be taken by the Town Vending Committee on the application of the petitioner.

9. In the result, the writ petition is disposed of as indicated above. No costs. Consequently, connected WMP is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kmk

To 1.The Special Commissioner, For Handicapped Office of The State Commissioner of Disabled, No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai 600005.

2.The Commissioner, Corporation of Chennai, Ripon Building, Chennai 600003.

3.The Commissioner of Police, E.V.R.Road, Vepery, Chennai 600007.

+1cc to Mr.D.John Samuvel, Advocate, S.R.No.69049 W.P.No.22853 of 2018 VGII(CO) rrs 19/11/2018