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Madras High CourtWP/12806/2019disposed of

Kaveri v. The Commissioner

2019-04-30Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.12806 of 2019 Kaveri ... Petitioner Vs.

1.The Commissioner, Rippon Buildings, Chennai - 600 003.

2.The Chairperson / Zonal Executive Engineer (Zone No.5), (The Township Vending Committee), Basin Bridge, Chennai - 600 021.

... Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation, dated 06.04.2019 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 made for conducting enumeration process for issuing Street Vending I.D.Card and for granting Certificate of Vending and till such time not to disturb with the running of the petitioner's bunk shop at No.15, Pumping Station Road, Opposite to CMWSS Board, Opposite to Water Tank, Chennai - 600 002, wherein selling tea, coffee, snacks and other food items therein.

For Petitioner : Mr.R.Kamaraj For Respondents : Mrs.Karthikaa Ashok Standing Counsel for R1 Mr.Saravanan for R2

O R D E R

Mrs.Karthikaa Ashok, learned Standing Counsel takes notice for the first respondent; Mr.Saravanan, learned counsel takes notice for the second respondent.

2. According to the learned counsel for the petitioner, the petitioner made a representation on 06.04.2019 to the second respondent, to grant permission / Certificate of Vending for the petitioner's bunk shop at No.15, Pumping Station Road, Opposite to CMWSS Board, Opposite to Water Tank, Chennai - 600 002, as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and till such time, not to disturb the petitioner. Since the representation has not been considered, the present writ petition has been filed. 3.The learned standing counsel appearing for the respondents would submit that the representation of the petitioner before the second respondent will be duly considered in accordance with law.

4.In the light of the aforesaid facts and circumstances of the case, without expressing any merits, this Court is inclined to direct the second respondent to consider the petitioner's representation, dated 06.04.2019 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, as early as possible, preferably within a period of six weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar r n s To 1.The Commissioner, Rippon Buildings, Chennai - 600 003.

2.The Chairperson / Zonal Executive Engineer (Zone No.5), (The Township Vending Committee), Basin Bridge, Chennai - 600 021.

+1 cc to M/s.Karthikaa Ashok, Advocate, Sr.No. 42647 W.P.No.12806 of 2019 CSL/30.05.2019