R.Murugan, v. The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU and THE HON'BLE MRS. JUSTICE N.MALA Writ Petition No. 14325 of 2021 R. Murugan ...
Petitioner -Vs1. The Principal Secretary to Government Secretariat, Home Department Chennai 9.
2. The Commissioner Greater Chennai Corporation Chennai 3
3. The Zonal Officer Vending Committee, Zone IX Corporation of Chennai, Chennai.
4. The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai - 600 007.
(R3 & R4 SUO-MOTU IMPLEADED VIDE ORDER OF THIS COURT DATED 13/7/2021 MADE IN WP.
14291/2021 BY NKKJ & TVTSJ) ... Respondents Page No.1 of 5
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the representation dated 11.06.2021 and follow the rules specified in the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
For Petitioner :Mr.M.Madhu Prakash For Respondents : Mr.P.Gurunathan Additional Government Pleader for RR1 & 4 Mrs. P.T.Ramadevi Standing Counsel for RR2 & 3 ******
O R D E R
(Order of the Court was made by J.NISHA BANU, J.,) This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to consider the representation dated 11.06.2021 by adhering the rules specified in the Street Vendors (Protection of Livelihood and Regulation of Street Vending), Act, 2014. 2.It is the case of the petitioner that he is a street vendor, having push cart Ice Cream Stall, Gandhi Statue Backside, Marina Beach, Chennai Page No.2 of 5
Corporation Ward - 125. The petitioner is managing to eke out a living by the income derived from running the above said stall. 3.It is stated by the petitioner that he submitted a representation to the respondents on 11.06.2021, seeking license to run the push cart Ice Cream Stall.
4.The learned Standing Counsel appearing for the respondents 2 and 3 on instructions, submitted that the Street Vending Committee has been formed by the Greater Chennai Corporation and therefore, the representation of the petitioner will be considered by the Street Vending Committee in accordance with law.
5.In view of the submission made by the learned Standing Counsel, this Court without expressing any opinion on the merit of the claim made by the petitioner is inclined to issue a direction to the 3rd respondent to consider the representation of the petitioner dated 11.06.2021 and pass final orders on merits and in accordance law, within a period of 6 weeks from the date of Page No.3 of 5
receipt of a copy of this order.
6.With the above direction, this Writ Petition is disposed of. No costs. (J.N.B., J.) (N.M., J.) 19.09.2023 Index : Yes/No Speaking order/Non-speaking order Jer To:
1.The Principal Secretary to Government Secretariat, Home Department Chennai 9.
2. The Commissioner Greater Chennai Corporation Chennai 3
3. The Zonal Officer Vending Committee, Zone IX Corporation of Chennai, Chennai.
4. The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai - 600 007.
Page No.4 of 5
J.NISHA BANU, J., and N.MALA, J., Jer Order made in Dated:
19.09.2023 Page No.5 of 5