S.Anju Sree v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.13416 of 2019 S.Anju Sree ... Petitioner Vs.

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

2. The Chairperson / Zonal Executive Engineer Zone, (The Township Vending Committee), Chennai - 600 034.

... 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 23.10.2018 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 petitioner's bunk shop at E.V.K.Sampath Road, Price Kalada Garden, Vepery, Chennai - 600 007, wherein selling tea, coffee, juice, cool drinks and chat and food items by using LPG Gas Stove.

For Petitioner : Mr.R.Gopinath 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. By consent, this Writ Petition is taken up for final disposal.

2. According to the learned counsel for the petitioner, the petitioner made a representation on 23.10.2018 to the second respondent, to grant permission / Certificate of Vending for the petitioner's bunk shop at E.V.K.Sampath Road, Price Kalada Garden, Vepery, Chennai - 600 007, 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 23.10.2018 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(Insp.Cell) //True Copy// Sub Assistant Registrar r n s To

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

2. The Chairperson / Zonal Executive Engineer Zone, (The Township Vending Committee), Chennai - 600 034.

+1cc to Mr.R.Gopinath, Advocate, S.R.No.42767 +1cc to Mrs.Karthikaa Ashok, Advocate, S.R.No.42650 W.P.No.13416 of 2019 MP(Co) CS/11/06/2019