S.Kaliya Perumal, v. The Commissioner
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 27.04.2019
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.Nos.12567, 12572 & 12574 of 2019 S.Kaliya Perumal
...Petitioner in
W.P.No.12567 of 2019 D.Dhanaselvan
...Petitioner in
W.P.No.12572 of 2019 S.Panneer
...Petitioner
in W.P.No.12574 of 2019 Vs
1. The Commissioner Corporation of Chennai Rippon Buildings, Chennai 600 003.
...Respondent
in all W.Ps
2. The Chairperson/Zonal Executive Engineer Zone, Zone No.8, (The Town Vending Committee), Corporation of Chennai, Chennai 600 030.
...Respondent
in all W.Ps Prayer in 12567 of 2019: Writ petition filed under 226 of the Constitution of India, praying to issue a writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation at 23.10.2018, as per the provisions at the 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 Near L1, Company, 2nd Main road, Sidco Industry, Opposite Masque Sidco Nagar, Chennai 600 049. Wherein selling tea, coffee and food items by using LPG Gas Stove. Prayer in W.P.No.12572 of 2019: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 12.03.2019, as per the provisions at the 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 Whannels Road, Egmore, Chennai, wherein selling Tea, Coffee and Food items by using LPG Gas Stove.
Prayer in W.P.No.12574 of 2019: Writ petition filed under 226 of the Constitution of India, praying to issue a writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation at 23.10.2018, as per the provisions at the 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 E.V.K. Sampath road, (left side Arcot Lutheran Church Women's Christian Hostel) Vepery, Chennai 600 007. Wherein selling tea, coffee and food items by using LPG Gas Stove.
For Petitioners: Mr.R.Gopinath in all W.Ps For Respondents: Mrs.Karthika Ashok Standing Counsel for R1 in all WPs Mr.Saravanan for R2 in all WPs C O M M O N O R D E R By consent of both sides, this Writ Petitions are taken up for final disposal.
2. Writ Petitions are filed praying to issue a writ of Mandamus directing respondents to consider and pass orders on the petitioners representations dated 23.10.2018, 12.03.2019 and 23.10.2018 respectively as per the provisions of the 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 petitioners bunk shops situated at near L1 Company, 2nd Main Road, Sidco Industry, opposite Masque, Sidco Nagar, Chennai - 49; Whannels Road, Egmore, Chennai; and E.V.K. Sampath Road, (left side Arcot Lutheran Church Women's Christian Hostel) Vepery , Chennai - 7, respectively.
3. The petitioners claims that they are differently abled persons having disability and they are running a Bunk Shops by selling tea, coffee and food items. It is further averred that
out of the meager income earned, they are eking out their livelihood and also running their family. The petitioners would state that they are also entitled to the benevolent provisions of the Tamil Nadu Street Vendors [Protection of Livelihood and Regulation of Street Vending] Act, 2014 and the Rules and Regulations framed thereunder and in this regard, they have also submitted representations dated 23.10.2018, 12.03.2019 and 23.10.2018 respectively to the respondents and despite that, they are having a genuine apprehension that his Bunk Shop is likely to be removed and hence, came forward to file these present writ petitions.
4. The learned Standing Counsel appearing for the respondent/Corporation submits that the 2nd respondent may be directed to consider and dispose of the said representations within a time frame as fixed by this court.
5. Without expressing any opinion on the merits of the case, the 2nd respondent is directed to consider the representations of the petitioners dated 23.10.2018, 12.03.2019 and 23.10.2018 respectively on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the Petitioners.
6.
The Writ Petitions are disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To
1. The Commissioner Corporation of Chennai Rippon Buildings, Chennai 600 003.
2. The Chairperson/ Zonal Executive Engineer Zone, Zone No.8, (The Town Vending Committee), Corporation of Chennai, Chennai 600 030.
+3ccs to Mr.R.Gopinath, Advocate sr.41398 to 41400 +1cc to Mrs.Karthika Ashok, Advocate sr.no.41025 W.P.Nos.12567, 12572 & 12574 of 2019 nr 30/04/2019