A. Sekar v. The State Commissioner For

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03..09..2015

CORAM

THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P. Nos.18677 of 2014, 14815 of 2013, 12049 of 2013, 4962 of 2013, 8134 to 8139 of 2013, 8540 to 8545 of 2013, 15436 of 2013, 2483 to 2485 of 2014, 2106 to 2109 of 2014, 11842 and 11843 of 2014, 34930 of 2013, 34295 of 2013, 25860 of 2013, 26473 of 2013, 30570 to 30573 of 2013, 30763 of 2013, 31756 of 2013, 24467 of 2013, 24468 of 2013, 3593 to 3597 of 2014, 3731 and 3732 of 2014, 26647 and 26648 of 2015, 20797 and 20798 of 2015, 22765 of 2015 16073 of 2015, 24543 of 2015, 15408 of 2011, 3245 of 2011, 11622 to 11625 of 2010, 11680 of 2010, 17114 of 2010, 27052 of 2012, 26223 of 2012, 16481 and 16483 of 2012, 18426 to 18428 of 2012. A. SEKAR S/O.ARUMUGAM ... PETITIONER in WP No.18677 of 2014 ANBU NILAYAM PHYSICALLY HANDICAPPED SELF EMPLOYED WELFARE ASSOCIATION REP BY ITS PRESIDENT NO.47 SAIT JASVANTHMAL STREET CHENNAI 600 112 ... PETITIONER in WP No.14815,12049 of 2013 THE TAMILNADU EDUCATED SELF EMPLOYED WELFARE ASSON.

(REG. NO.222/1993) REP. BY ITS SECRETARY NO.9 A STREET NETHAJI NAGAR TONDIARPET CHENNAI-81 ... PETITIONER in WP No.4962 of 2013 KASTHURI D/O.RAJARAM NEAR AMBIT PARK BUILDING AMBIT PARK ROAD AMBATTUR ESTATE AMBATTUR CHENNAI 53 ... PETITIONER in WP No.8134 of 2013 SUNDAR ORPHAN 11 VASU STREET OPP TO EGA THEATRE BUILDING KILPAUK CHENNAI 10 ... PETITIONER in WP No.8135 of 2013 CHITRA D/O.AYYASAMY ... PETITIONER in WP No.8136 of 2013

IBRAHIM S/O.NYNA MOHAMED ... PETITIONER in WP No.8137 of 2013 SABEER S/O.ABDUL RAHMAN ... PETITIONER in WP No.8138 of 2013 RENUKA DEVI D/O.RAJAN ... PETITIONER in WP No.8139 of 2013 ILAVALAKI D/O.ANBALAGAN ... PETITIONER in WP No.8540 of 2013 AKBAR S/O.MOHAMED ISMAIL ... PETITIONER in WP No.8541 of 2013 GEETHA D/O.K.SATHISKUMAR ... PETITIONER in WP No.8542 of 2013 CHANDRAN ORPHAN ... PETITIONER in WP No.8543 of 2013 J.SUJATHA W/O.JAYAVELU ... PETITIONER in WP No.8544 of 2013 ADHILAKSHMI ORPHAN ... PETITIONER in WP No.8545 of 2013 R.SANKAR S/O. RAJARAM ... PETITIONER in WP No.15436 of 2013 AMMU W/O.ARJUNAN ... PETITIONER in WP No.2483 of 2014 M.KUMAR S/O.MARIAPPAN ... PETITIONER in WP No.2484 of 2014 V.KRISHNAN S/O.VENUGOPAL ... PETITIONER in WP No.2485 of 2014 SIVAGAMI ... PETITIONER in WP No.2106 of 2014 CHITHRA ... PETITIONER in WP No.2107 of 2014 J.DEEPA W/O. JOTHILINGAM ... PETITIONER in WP No.2108 of 2014 GAJALAKSHMI ... PETITIONER in WP No.2109 of 2014 A.IYARAMMAL W/O.ARJUNAN ... PETITIONER in WP No.11842 of 2014

S. THURVASAL S/O.SANKARAN ... PETITIONER in WP No.11843 of 2014 R.DAKSHINAMURTHY S/O. RAJAKANNU ... PETITIONER in WP No.34930 of 2013 P.SHANTHI W/O. PANDIARAJAN ... PETITIONER in WP No.34295 of 2013 S.BALAJI S/O.LATE.SATHYANARAYANAN ... PETITIONER in WP No.25860 of 2013 C.N.ETTIAPPAN S/O.C.NATHAN ... PETITIONER in WP No.26473 of 2013 M.TAMILSELVI ... PETITIONER in WP No.30570 of 2013 AHAMMED BASHA ... PETITIONER in WP No.30571 of 2013 KALAVATHI ... PETITIONER in WP No.30572 of 2013 K.CHANDRAN ... PETITIONER in WP No.30573 of 2013 K.MOHAN S/O. S.KRISHNAMOORTHI ... PETITIONER in WP No.30763 of 2013 N.GOMATHY D/O.N.NARAYANAN C/O.AYYAPPAN ... PETITIONER in WP No.31756 of 2013 M.KUMAR ... PETITIONER in WP No.24467 of 2013 MOORTHY ... PETITIONER in WP No.24468 of 2013 S.LAKSHMI W/O.SARAVANAN ... PETITIONER in WP No.3593 of 2014 K.GOMATHI W/O.

KAYAMBU ... PETITIONER in WP No.3594 of 2014 G.RAJADURAI S/O.GANESH BOSE ... PETITIONER in WP No.3595 of 2014 A.SURESHKUMAR S/O.AYYADURAI ... PETITIONER in WP No.3596 of 2014 T.NAGARAJAN S/O.THANIKACHALAM ... PETITIONER in WP No.3597 of 2014 A.BALAKRISHNAN S/O. AZHAGU ... PETITIONER in WP No.

A.VENKATESAN S/O. ARUMUGAM ... PETITIONER in WP No.3732 of 2014 A. RAJESWARI W/O. AYYATHURAI ... PETITIONER in WP No.26647 of 2015 N. SAKUNTHALA W/O. NAGAPPAN ... PETITIONER in WP No.26648 of 2015 N. PUSHPA ... PETITIONER in WP No.20797 of 2015 P. GOVINDAN ... PETITIONER in WP No.20798 of 2015 S.SARAVANAN S/O.SAMPATH ... PETITIONER in WP No.22765 of 2015 ANBU NILAYAM PHYSICALLY HANDICAPPED SELF EMPLOYED WELFARE ASSOCIATION REP. BY ITS PRESIDENT MR. A.

CHANDRASEKARAN NO.47 SAIT JASWANTHMAL STREET CHOOLAI CHENNAI-112.

... PETITIONER in WP No.16073 of 2015 SHARMILA BANU D/O. JAHIR HUSSAIN ... PETITIONER in WP No.24543 of 2015 K.AMUTHA D/O.KRISHNAN ... PETITIONER in WP No.15408 of 2011 C.SELVAM ... PETITIONER in WP No.3245 of 2011 C.RAMACHANDRAN ... PETITIONER in WP No.11622 of 2010 A.ATHILAKSHMI ... PETITIONER in WP No.11623 of 2010 S.JAMSHEETN ... PETITIONER in WP No.11624 of 2010 C.ESAKKI PANDY ... PETITIONER in WP No.11625 of 2010 P.SANKAR S/O.PALANISAMY ... PETITIONER in WP No.11680 of 2010 C.CHINNAN S/O.S.SWAMY GOUNDER ... PETITIONER in WP No.17114 of 2010 M.NAGARAJ S/O.P.MANI ... PETITIONER in WP No.27052 of 2012 E.LOGANATHAN S/O.ELUMALAI ... PETITIONER in WP No.26223 of 2012

K.CHANDRAN ... PETITIONER in WP No.16481 of 2012 SHANKAR ... PETITIONER in WP No.16483 of 2012 JEENATH ... PETITIONER in WP No.18426 of 2012 B.KARTHIKEYAN ... PETITIONER in WP No.18427 of 2012 CHINNADURAI ... PETITIONER in WP No.18428 of 2012

Versus

1 THE STATE COMMISSIONER FOR DIFFERENTLY ABLED PERSONS O/O. THE STATE COMMISSIONER FOR DIFFERENTLY ABLED PERSONS SRDC JAWAHARLAL NEHRU INNER RING ROAD K.K.

NAGAR CHENNAI 78 2 THE COMMISSIONER CHENNAI CORPORATION RIPPON BUILDING CHENNAI 3 3 THE COMMISSIONER OF POLICE GREATER CHENNAI VEPERY CHENNAI 7 ... RESPONDENT in WP No.18677 of 2014 1 THE STATE COMMISSIONER FOR DIFFERENTLY ABLED K.K.NAGAR CHENNAI 600 078. 2 THE COMMISSIONER CORPORATION OF CHENNAI RIPON BUILDING CHENNAI.

... RESPONDENT in WP No.14815 of 2013 1 THE SECRETARY TO GOVERNMENT GOVERNMENT OF TAMILNADU LOCAL BODIES DEPARTMENT FORT ST. GEORGE CHENNAI-9 2 THE STATE COMMISSIONER FOR DIFFERENTLY ABLED K.K.NAGAR CHENNAI-600078 3 THE COMMISSIONER CORPORATION OF CHENNAI RIPON BUILDING CHENNAI

4 M. KUMUDAVALLI W/O.LATE MOHAN DASS NO.6 RAMASAMY STREET PUDUPALAYAM CUDDALORE CUDDALORE DISTRICT - 607 001.

R-4 IS IMPLEADED AS PER ORDER DATED:31.07.

2015 BY S.K.K. CJ & T.S.S. J. IN MP.1/2015 IN WP.12049/2013.

... RESPONDENT in WP No.12049 of 2013 1 THE GOVERNMENT OF TAMILNADU REP. BY ITS SECRETARY LOCAL ADMINISTRATION DEPARTMENT FORT ST. GEORGE CHENNAI-9 2 THE CORPORATION OF CHENNAI REP. BY ITS COMMISSIONER RIPON BUILDINGS CHENNAI-3 3 THE COMMITTEE FOR BUNK SHOPS REP. BY THE LAW OFFICER CORPORATION OF CHENNAI CHENNAI-3 4 K.R.RAMASWAMY ALIAS TRAFFIC RAMASAMY S/O.RANGASWAMY SOCIAL ACTIVIST AND SR.CITIZEN 152/315 THAMBU ST.

CHENNAI-1.

R4-IMPPL AS PER ORD.DT.

10/04/2013 BY ACJ &NPVJ IN MP 3/13 IN WP 4962/13 ... RESPONDENT in WP No.4962 of 2013 1 THE COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDING CHENNAI 3 2 THE STATE COMMISSIONER FOR DIFFERENTLY ABLED NEHRU INNER RING ROAD K.K.NAGAR CHENNAI 78 3 K.R. RAMASWAMY ALIAS TRAFFIC RAMASWAMY S/O.RANGASWAMY SOCIAL ACTIVIST AND SENIOR CITIZEN NO.152/315 THAMBU STREET 4TH FLOOR CHENNAI-1.

... RESPONDENT in WP No.8134 of 2013 R-3 IS IMPLEADED AS PER ORDER DATED:31.07.

2015 BY S.K.K. CJ & T.S.S. J. IN MP.3/2013 IN WP.8134/2013.

1 THE COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDING CHENNAI 3 2 THE STATE COMMISSIONER FOR DIFFERENTLY ABLED NEHRU INNER RING ROAD K.

K.NAGAR CHENNAI 78 ... RESPONDENT in WP No.8135,8136,8137,8138, 8139,8540, 8541,8542,8543,8544,8545 of 2013.

1 THE PRINCIPAL SECRETARY/ COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDINGS CHENNAI-3 2 THE ASSISTANT COMMISSIONER ZONE VIII CORPORATION OF CHENNAI KILPAUK CHENNAI-10 ... RESPONDENT in WP No.15436 of 2013 1 THE STATE COMMISSIONER FOR DIFFERENTLY ABLED O/O. STATE COMMISSIONER FOR DIFFERENTLY ABLED NO.15/1 MODEL SCHOOL ROAD THOUSAND LIGHTS CHENNAI 6 2 THE COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDINGS CHENNAI 3 ... RESPONDENT in WP No.2483,2484,2485,2106, 2107,2108,2109 of 2014 ... RESPONDENT in WP No.11622,11623,11624,11625 11680 of 2010, 27052/12 1 THE SECRETARY TO GOVERNMENT GOVT. OF TAMILNADU LOCAL BODIES DEPT.

FORT ST. GEORGE CHENNAI 9 2 THE SPECIAL COMMISSIONER FOR HANDICAPPED O/O.THE STATE COMMISSIONER FOR DISABLED NO.15/1 MODEL SCHOOL ROAD THOUSAND LIGHTS CHENNAI 6 3 THE PRINCIPAL SECRETARY/ THE COMMISSIONER CHENNAI CORPORATION RIPON BUILDINGS CHENNAI 3 ... RESPONDENT in WP No.11842,11843 of 2014

1 STATE OF TAMILNADU REP.BY ITS SECRETARY ADI DRAVIDA WELFARE DEPARTMENT FORT ST. GEORGE CHENNAI-9 2 TAMILNADU KHADI VILLAGE INDUSTRIES BOARD REP.BY ITS ASSISTANT DIRECTOR GUINDY CHENNAI-35 3 THE COMMISSIONER CORPORATION OF CHENNAI CHENNAI ... RESPONDENT in WP No.34930 of 2013 1 THE SPECIAL COMMISSIONER FOR HANDICAPPED O/O STATE COMMISSIONER FOR DISABLED NO.15/1 MODEL SCHOOL ROAD THOUSAND LIGHTS CHENNAI - 600 006.

2 THE COMMISSIONER CHENNAI CORPORATION RIPPON BUILDINGS CHENNAI - 600 003.

... RESPONDENT in WP No.34295 of 2013 1 THE COMMISSIONER CORPORATION OF CHENNAI RIPON BUILDINGS CHENNAI 2 THE STATE COMMISSIONER FOR THE DIFFERENTLY ABLED NEHRU INNER RING ROAD K.K.NAGAR CHENNAI-78 ... RESPONDENT in WP No.25860 of 2013 & 20797 & 20798 of 2015 1 THE ASSISTANT COMMISSIONER CORPORATION OF CHENNAI LAKE AREA VALLUVARKOTTAM NUNGAMBAKKAM CHENNAI-34.

2 THE COMMISSIONER CORPORATION OF CHENNAI CHENNAI-3.

3 THE DIRECTOR CARPENTER & BLACKSMITH UNIT TAMIL NADU KHADI AND VILLAGE INDUSTRIES BOARD GUINDY CHENNAI-32.

... RESPONDENT in WP No.26473 of 2013

1 THE STATE COMMISSIONER FOR DIFFERENTLY ABLED O/O. STATE COMMISSIONER FOR DIFFERENTLY ABLED NEHRU INNER RING ROAD K.K.NAGAR CHENNAI 78 2 THE COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDINGS CHENNAI 3 ... RESPONDENT in WP No.30570,30571, 30572,30573 of 2013 1 THE ASSISTANT ENGINEER NEW ZONE-X WARD NO.136 (OLD ZONE VIII WARD 126) CORPORATION OF CHENNAI SOUTH BOUGH ROAD T.NAGAR CHENNAI-17 ... RESPONDENT in WP No.30763 of 2013 1 THE SPECIAL COMMISSIONER FOR HANDICAPPED O/O. THE STATE COMMISSIONER FOR DISABLED NO.15/1 MODEL SCHOOL ROAD THOUSAND LIGHTS CHENNAI 6 2 THE COMMISSIONER CHENNAI CORPORATION RIPPON BUILDINGS CHENNAI 3 ... RESPONDENT in WP No.31756 of 2013 1 THE STATE COMMISSIONER FOR DIFFERENTLY ABLED O/O. STATE COMMISSIONER FOR DIFFERENTLY ABLED NO.15/1 MODEL SCHOOL ROAD THOUSAND LIGHTS CHENNAI 6 2 THE COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDINGS CHENNAI 3 3 THE ZONAL OFFICER ZONAL OFFICE V CORPORATION OF CHENNAI NO.

61 BASIN BRIDGE SALAI CHENNAI 21 ... RESPONDENT in WP No.24467,24468 of 2013 1 THE CORPORATION OF CHENNAI REP. BY ITS COMMISSIONER RIPON BUILDINGS CHENNAI-3 2 THE COMMISSIONER OF POLICE EGMORE CHENNAI-8 ... RESPONDENT in WP No.3593,3594,3595,3596, 3597,3731,3732 of 2014

THE CORPORATION OF CHENNAI REP.BY ITS COMMISSIONER, RIPPON BUILDINGS, CHENNAI 600 003.

... RESPONDENT in WP No.26647 and 26648 of 2015 1 THE STATE COMMISSIONER FOR DIFFERENTLY ABLED PERSONS O/O.THE STATE COMMISSIONER FOR DIFFERENTLY ABLED PERSONS SRDC JAWAHARLAL NEHRU INNER RING ROAD K.K. NAGAR CHENNAI-78.

2 THE COMMISSIONER CORPORATION OF CHENNAI RIBBON BUILDING CHENNAI-600 003.

3 THE ASSISTANT COMMISSIONER ZONE-IX CORPORATION OF CHENNAI NO.1 LAKE AREA 4TH CROSS STREET NUNGAMBAKKAM CHENNAI-600 034.

... RESPONDENT in WP No.22765 of 2015 1 TAMILNADU SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. REP. BY ITS ESTATE MANAGER / ADMINISTRATIVE DIRECTOR AMBATTUR INDUSTRIAL ESTATE AMBATTUR CHENNAI-58.

2 THE DIRECTOR CHENNAI AUTO ANCILLARY INDUSTRIAL INFRASTRUCTURE UP-GRADATION COMPANY SIDCO AMBATTUR INDUSTRIAL ESTATE AMBATTUR CHENNAI-58.

... RESPONDENT in WP No.16073 of 2015 1 THE STATE COMMISSIONER FOR DIFFERENTLY ABLED ALLIKULAM LINK ROAD OPP. TO S.P.R. TRAVELS CHENNAI-3.

2 THE COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDINGS CHENNAI-3.

3 THE ZONAL OFFICER ZONE-V CORPORATION OF CHENNAI NO.61 BASIN BRIDGE ROAD CHENNAI-21.

... RESPONDENT in WP No.24543 of 2015

1 THE COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDINGS CHENNAI-3.

2 THE ZONAL OFFICER ZONE-VII CORPORATION OF CHENNAI CHENNAI-34.

... RESPONDENT in WP No.15408 of 2011 1 CHENNAI CORPORATION HEALTH DEPT. RIPPON BUILDING CHENNAI ... RESPONDENT in WP No.3245 of 2011 1 THE MEMBER SECRETARY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY NO.1 GANDI IRWIN SALAI EGMORE CHENNAI-8 2 THE COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDING CHENNAI.

3 THE ASSISTANT COMMISSIONER OF POLICE FLOWER BAZAAR POLICE RANGE CHENNAI-1. 4 THE INSPECTOR OF POLICE FLOWER BAZAAR POLICE STATION CHENNAI-1.

... RESPONDENT in WP No.17114 of 2010 1 THE COMMISSIONER CORPORATION OF CHENNAI RIPON BUILDINGS CHENNAI 3 ... RESPONDENT in WP No.26223 of 2012 1 THE STATE COMMISSIONER FOR DIFFERENTLY ABLED O/O. STATE COMMISSIONER FOR DIFFERENTLY ABLED NEHRU INNER RING ROAD K.K.NAGAR CHENNAI-78.

2 THE COMMISSIONER CORPORATION OF CHENNAI RIPPON BUILDINGS CHENNAI-3.

... RESPONDENT in WP No.16481, 16483,18426,18427, 18428 OF 2012

WP No.18677 of 2014: directing the 2nd respondent to consider the petitioner representation dt 11.6.14 and grant permission for running bunk shop at No.862, near May day Park at Simpson, Chintadripet, Chennai 2, or allot a new alternative and suitable site to the petitioner within a time frame as stipulated by this Honourable Court and upon such allotment grant one month time to shifting the bunk shop from the present location to such new and alternative site WP No.14815 of 2013: Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 2nd respondent dated 07/05/2013 and quash the same and forbear the 2nd respondent from interefering with the running of bunk shops by the members of the petitioner Association in the chennai City till they are given alternative accommodation WP No.

12049 of 2013: Writ of Mandamus directing the respondents to consider and pass orders on the petitioners representation dated 4.4.2013 within a time frame and till final decision is taken not to disturb the running of bunk shops by the members of the petitioners Association in the Chennai City WP No.4962 of 2013: Writ of Certiorarified Mandamus calling for the records relating to the Order No.LCC.LC4/5089/2012 dated 11.12.2012 of the 2nd respondent and quash the same as being illegal, arbitrary and unconstitutional and consequently issue a diection to the 2nd respondent to frame a scheme for bunk shops in Chennai after duly considering the petitioners request dated 12.2.2013, after giving the petitioner an opportunity of hearing WP No.

8134 to 8139 & 8540 to 8545 of 2013: Writs of certiorari calling for records of the 1st respondent relating to the passing of the impugned order in No. L.C.C. LC10/0385/2013 dt 21.2.2013 and quash the same WP No.15436 of 2013: Writ of Certiorarified of Mandamus calling for the records relating to the final order issued in Z.O.VIII C No.D5/1639/2013 dated 16.5.2013 on the file of the 1st respondent quash the same and direct the respondents to permit the petitioner to continue the Bunk shop situated on the Western side corner adjoining the Corporation Shopping Complex in Taylors Road, Kilpauk, Chennai WP No.

WP No.2484 of 2014: Writ of Mandamus forbearing the 2nd respondent from disturbing the running of the petitioners Shop situated at Near to Thiru Building, Greams Road, Chennai 6 by selling Coffee, Tea and other allied items till petitioner is provided with alternate accommodation WP No.2485 of 2014: Writ of Mandamus forbearing the 2nd respondent from disturbing the running of the petitioners Shop situated at Rajachari Street, Near Gyan Kiran, Opposite to Joylugas, T.Nagar, Chennai-600 017, by selling Coffee, Tea and other allied items till petitioner is provided with alternate accommodation WP No.2106 of 2014: Writ of Mandamus forbearing the 2nd respondent from interfering with the running of the petitioners shop situated at Jai Nagar First Main Road, Near Jai Nagar Park, Opp.

to Adhiparasakthi Temple, Arumbakkam, Chennai-106, by selling Coffee, Tea and other allied items till she is provided with alternative accommodation WP No.2107 of 2014: Writ of Mandamus forbearing the 2nd respondent from interfering with the running of the petitioners shop situated at Near Ansoor Plaza Building, Kamalabai Street, T.Nagar, Chennai-17, by selling Coffee, Tea and other allied items till she is provided with alternative accommodation WP No.2108 of 2014: Writ of Mandamus forbearing the 2nd respondent from interfering with the running of the petitioners shop situated at Near to Directorate of Educational Department, DPI, College Road, Chennai-6 by selling Coffee, Tea and other allied items till she is provided with alternative accommodation WP No.

2109 of 2014: Writ of Mandamus forbearing the 2nd respondent from interfering with the running of the petitioners shop situated at 2nd Main Road, Bus Depot Backside, Opp. to I.O.B., Ambathur Industrial Estate, Ambattur, Chennai-57 by selling Coffee, Tea and other allied items till she is provided with alternative accommodation WP No.11842 of 2014: Writ of Certiorarified Mandamus calling for the records relating to the proceedings dt 7.5.2013 of the 3rd respondent and quash the same as null and void and consequently forbear the 3rd respondent from evicting the petitioner from the place of her bunk shop business at Sivaganam Street, No.16, Scan India (Opposite), J.Y.N. Kalyana Mandapam Compound, Venkatnarayana Road Junction, T.Nagar, Chennai 17 till she is allotted a corporation shop by the 3rd respondent WP No.

11843 of 2014:Writ of Certiorarified Mandamus calling for the records relating to the proceedings dt 7.5.2013 of the 3rd respondent and quash the same as null and void and consequently forbear the 3rd respondent from evicting the petitioner from the place of his bunk shop business near No.15, Raghuram Compound Wall, Opposite to T.

Head Post Office and at the junction of Sivagnanam Street, T. Nagar, Chennai 17 till he is allotted a corporation shop by the 3rd respondent WP No.34930 of 2013: Writ of declaration declaring that the action of the 3rd respondent in forcibly evicting the petitioner and demolishing the bunk bearing No.15 at No.88, T.Nagar, Pondy Bazaar, Chennai-17, allotted to the petitioner on 27.12.1988 as illegal and unconstitutional and consequently direct the 3rd respondent to construct a fresh bunk allotted to the petitioner vide allotment certificate in 1988 and hand it over to the petitioner and to pay compensation of an amount of Rs.5,00,000/- for the loss incurred to the bunk shop and loss of livelihood WP No.34295 of 2013: Writ of Mandamus forbearing the respondents from evicting the petitioner bunk shop at Gandhi Nagar 1st Main Road, near EB Station, Adyar, chennai - 20.

WP No.25860 of 2013: Writ of Mandamus forbearing the 1st respondent or his men from evicting the petitioner from his bunk shop at No.149, Montieth Road, Opposite Hotel Atlantic, Chennai WP No.26473 of 2013: Writ of Mandamus directing the 2nd respondent to take action on the petitioner petition dated 13.9.2013 WP No.30570 of 2013: Writ of Mandamus directing the 2nd respondent to consider and pass orders on the petitioners representation dt 19.8.2013 in the light of the orders passed in W.P. No. 30348 of 2011 batch dt 5.11.2012 and till final decision is taken, not to disturb the running of the petitioners shop situated at Play Ground Backside, Opposite to Airtel, Mandaivelipakkam, Chennai 28 by selling Coffee, Tea and allied food items WP No.

30571 of 2013: Writ of Mandamus directing the 2nd respondent to consider and pass orders on the petitioners representation dt 18.2.2013 in the light of the orders passed in W.P. No. 30348 of 2011 batch dt 5.11.2012 and till final decision is taken, not to disturb the running of the petitioners shop situated at Opposite to Kakani Building, Khadar Navaskhan Road, Thousand Lights, Chennai 6 by selling Coffee, Tea and allied food items WP No.30572 of 2013: Writ of Mandamus directing the 2nd respondent to consider and pass orders on the petitioners representation dt 8.8.2012 in the light of the orders passed in W.P. No. 30348 of 2011 batch dt 5.11.

WP No.30573 of 2013: Writ of Mandamus directing the 2nd respondent to consider and pass orders on the petitioners representation dt 4.7.2013 in the light of the orders passed in W.P. No. 30348 of 2011 batch dt 5.11.2012 and till final decision is taken, not to disturb the running of the petitioners shop situated at No.74, Near Tasmac Godown (No.C13 Opposite) 5th Street, Ambatthur, Chennai 58 by selling Coffee, Tea and allied food items WP No.30763 of 2013: Writ of Mandamus forbearing the respondent and his subordinates in any manner evicting or disturbing the Public Call Office (PCO phone booth shop) run by the petitioner at No.34, Thiyagaraja Road, (near Rajakumari Theatre), T.Nagar, Chennai-17, except by due process of law WP No.

31756 of 2013: Writ of Mandamus forbearing the respondents from evicting the petitioner bunk shop at Barnabi Road, Kilpauk, Chennai 10 WP No.24467 of 2013: Writ of Certerarified Mandamus calling for the records relating to the 3rd respondent in No. Z.O.5 Na. Ka. No./B2/ 5544/2013 dt 24.8.2013 and quash the same and direct the respondents 2 and 3, to grant licence for the petitioners bunk shop business of selling coffee, tea and other allied eatable at Eithiraj Salai (Commander-in-Chief Road), before the Wellington Estate, Opposite to Tamilnadu Tourism Development Corporation, Egmore, Chennai 8 WP No.24468 of 2013: Writ of Certiorarified Mandamus calling for the records relating of the 3rd respondent in No. Z.O.5 Na. Ka. No./B2/ 4825/2013 dt 23.8.

2013 and quash the same and direct the respondents 2 and 3, to grant licence for the petitioners bunk shop business of selling coffee, tea and other allied eatable at Monteith Lane, Near Vijaya Bank, Egmore, Chennai 8 WP No.3593 of 2014: Writ of Mandamus directing the respondents to consider and pass orders on the petitioners request dated 27.11.2013 within a time frame and till final decision is taken, not to disturb the running of the petitioners bunk WP No.3594 of 2014: Writ of Mandamus directing the respondents to consider and pass orders on the petitioners request dated 25.11.2013 within a time frame and till final decision is taken, not to disturb the running of the petitioners bunk WP No.3595 of 2014: Writ of Mandamus directing the respondents to consider and pass orders on the petitioners request dated 27.11.

WP No.3596 of 2014: Writ of Mandamus directing the respondents to consider and pass orders on the petitioners request dated 27.11.2013 within a time frame and till final decision is taken, not to disturb the running of the petitioners bunk WP No.3597 of 2014: Writ of Mandamus directing the respondents to consider and pass orders on the petitioners request dated 25.11.2013 within a time frame and till final decision is taken, not to disturb the running of the petitioners bunk WP No.3731 of 2014: Writ of Mandamus directing the respondents to consider and pass orders on the petitioners request dated 13.1.2014 within a time frame and till final decision is taken, not to disturb the running of the petitioners bunk shop WP No.

3732 of 2014: Writ of Mandamus directing the respondents to consider and pass orders on the petitioners request dated 29.11.2013 within a time frame and till final decision is taken, not to disturb the running of the petitioners bunk shop WP No.26647 of 2015: Writ of Mandamus directing the respondent corporation to consider and pass orders on the petitioners request dt. 22.4.2015 within a time frame and till final decision is taken, not to disturb the running of the petitioners bunk at Velachery Main Road, near Corporation park of the Sutherland Gate, Velachery, Chennai.

WP No.26648 of 2014: Writ of Mandamus directing the respondent to consider and pass orders on the petitioners request dt. 3.06.2015 within a time frame and till final decision is taken, not to disturb the running of the petitioners bunk at CSIR Road, near Corporation Park of the Ascendas Gate, Taramani, Chennai. WP No.20797 of 2014: Writ of Mandamus directing the 1st respondent to consider and pass orders on the petitioners representation dated 1.7.2015 for grant of license/permission for running of the petitioners bunk at Singaravelu street, corner of Big Bazar Compound Wall, (old Rajakumari Theatre), Pondy Bazar, T. Nagar, Chennai 600 017, wherein selling coffee, Tea and Snacks items and till such time not to disturb the running of the same.

WP No.20798 of 2014: Writ of Mandamus directing the 1st respondent to consider and pass orders on the petitioners representation dated 29.5.2015 for grant of license/permission for running of the petitioenrs bunk shop situated at Ritharton Road, 1st Street, Opposite to Seventh day Churchc Gate, Chennai 600 007, wherein selling Tea and food items and till such time not to disturb the running of the same.

WP No.22765 of 2015: Writ of Certiorarified Mandamus to call for the records pertaining to third respondent order/communication passed in Letter No. Zo.9 C.No.3906/2015, dated 29.06.2015 and quash the same and direct the second and third respondent to grant licence/permission to petitioner to run the bunk shop at New No.6, Old No.11, Harrington Road, Chetpet, Chennai-600 031. WP No.16073 of 2015: Writ of Certiorarified Mandamus calling for the records relating to the order in R.C. No.169/A8/12 dated 28.05.2015 passed by the 1st Respondent and quash the same and direct 1st Respondent to grant licence / permission to the members of the Petitioner-Association for running the bunk shops on the road side margin at the Ambattur Industrial Estate, Chennai-58 WP No.

24543 of 2015: Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 3rd respondent in Ma.A.5 Va.Thu. Na.Ka.No.R-1/7163/2015 dated 17.07.2015 and quash the same and direct to grant permission / licence for running of the petitioner bunk shop at Allikulam Link Road, Opposite to S.P.R. Travels, Chennai-3, for selling Tea and Coffee Items WP No.15408 of 2011: Writ of Certiorarified Mandamus calling for the records bearing Z.O.VII/E4/2851/11 dated 09.05.2011 on the file of First respondent and quash the same and consequently direct the respondents not to remove the petitioners bunk shop situate at the Vacant Land adjacent to the platform near Shree Yoga Muneeswarar Temple, at West Cott Road, Royapettah, Chennai-14. WP No.

3245 of 2011: Writ: Writ of Mandamus directing the respondent not to disturb the peaceful possession and enjoyment of the petitioner permitted Aavin Milk product sales in Thamarai Thottam Police Quarters, kilpauk Region WP No.11622 of 2010: Writ of Mandamus forbearing the respondents from evicting the petitioners bunk shop situate Backside of Vidyodhaya School, Habibullah Road, T.Nagar, Chennai-17 and further direct the 2nd respondent to grant licence to the petitioner bunk shop WP No.11623 of 2010: Writ of Mandamus forbearing the respondents from evicting the petitioner bunk shop situate Opposite to Food Corporation of India No.124, Greams Road, Thousand Lights, Chennai-6 and further direct the 2nd respondent to grant licence to the petitioner bunk shop WP No.

11624 of 2010: Writ of Mandamus forbearing the respondents from evicting the petitioners bunk shop situate Natesan Park Backside, Kannadasan Salai, T.

WP No.11625 of 2010: Writ of Mandamus forbearing the respondents from evicting the petitioners bunk shop situate opposite to No.3, Haddows Road 2nd st, Near to Prestige, Thousand Lights, chennai 6 and further direct the 2nd respondent to grant licence to the petitioner bunk shop WP No.11680 of 2010: Writ of Manadamus directing the second respondent to grant licence to the petitioner bunk shop situate at first Main Road platform, near Play Ground, Nandanam Extension, Chennai-35 WP No.17114 of 2010: Writ of Mandamus directing the respondents to remove the seal at Shop premises at Door No.42/36, Badrian Street, Chennai-1, and restore the articles such as weigh scale, plastic containers, chairs and other things to the petitioner forthwith WP No.

27052 of 2012: Writ of Mandamus directing the 2nd respondent to consider and pass orders on the petitioners representation dt 6.9.2012 in the light of the orders dt 21.12.2010 passed in W.P.No. 28789 of 2010 and till final decision is taken, not to disturb the running of the petitioners shop situated at Canal Park near Ambedkar Colony Lane, Wallace Garden 1 st Street, Chennai 6 WP No.26223 of 2012: Writ of Certiorarified Mandamus calling for the records and consequential order of the respondent in Z.O.V.C. No./3014/ 2012 dt 17.7.2012 and quash the same and further direct the respondent to place the petitioners representation before the appropriate committee constituted for issuing license or providing alternate places to the persons running bunk stalls at the edge of the pavement WP No.

16481 of 2012: Writ of Mandamus directing the 2nd Respondent to consider and pass orders on the Petitioner representation dated 11.01.2010 and 30.04.2012 in the light of the orders passed in W.P.No.28789 of 2010 dated 21.12.10 and till final decision is taken, not to disturb the running of the Petitioner Shop situated at Backside of Metro Water Tank, Opposite to Anna Statue, Lake Area, 1st Main Road, Chennai-34 by selling coffee, tea and allied food items WP No.16483 of 2012: Writ of Mandamus directing the 2nd Respondent to consider and pass orders on the Petitioner representation dated 30.04.2012 in the light of the orders passed in W.P.No.28789 of 2010 dated 21.12.

WP No.18426 of 2012: Writ of Mandamus directing the 2nd Respondent to consider and pass orders on the Petitioner representation dated 27.6.2012 in the light of the order dt. 21.12.2010 passed in W.P.No.28789 of 2010 and till final decision is taken, not to disturb the running of the Petitioner shop situated Behind Annai Theresa Building, Lake Area Main Road, Opposite of BSNL, Chennai-34 by selling coffee, tea and allied food items WP No.18427 of 2012: Writ of Mandamus directing the 2nd Respondent to consider and pass orders on the Petitioner representation dated 27.6.2012 in the light of the orders passed in W.P.No.28789 of 2010 dated 21.12.2010 and till final decision is taken, not to disturb the running of the Petitioner shop situated Opposite to Mannur Chengalvarayanaidu Higher Secondary School, Abibullah Salai, T.

Nagar, Chennai-17 by selling coffee, tea and allied food items WP No.18428 of 2012: Writ of Mandamus directing the 2nd Respondent to consider and pass orders on the Petitioner representation dated 27.6.2012 in the light of the order dt. 21.12.2010 passed in W.P.No.28789 of 2010 and till final decision is taken, not to disturb the running of the Petitioner shop situated at No.1, Opposite to Lake Area Main Road, Nungambakkam, Chennai-34 by selling coffee, tea and allied food items For Petitioners ::Mr.S.Pushpakaran in W.P.No.18677 of 2014 Mr.R.Kamaraj in W.P.No.14815 of 2013 Mr.L.Chandrakumar in W.P.No.12049 of 2013 in W.P.No.16073 of 2015 in W.P.No.24543 of 2015 in W.P.No.16481 and 16483 of 2012 in W.P.Nos.18426 to 18428 of 2012 Mr.C.K.Chandrasekkar in W.P.No.4962 of 2013 in W.P.No.3593 to 3597 of 2014 in W.P.No.3731 and 3732 of 2014 in W.

P.No.26647 and 26648 of 2015 Mr.Ramanlal in W.P.No.8134 to 8139 and 8540 to 8545 of 2013 Mr.S.Doraisamy in W.P.No.15436 of 2013.

Mr.R.Kamaraj in W.P.No.2483 to 2485 of 2014 in W.P.No.2106 to 2109 of 2014 in W.P.No.30570 to 30573 of 2013 in W.P.No.24467 and 24468 of 2013 Mr.K.Lavan in W.P.No.11842 and 11843 of 2014 Ms.M.N.Sumathy in W.P.No.34930 of 2013 Mr.W.M.Abdul Majeed in W.P.No.34295 of 2013 in W.P.No.31756 of 2013

Mr.P.Magesh in W.P.No.25860 of 2013 Mr.T.S.N.Prabhakaran in W.P.No.26473 of 2013 Mr.N.Balaji in W.P.No.30763 of 2013 Ms.T.Muthamilselvi in W.P.No.20797 of 2015 and W.P.No.20798 of 2015 Mr.S.Pushpakaran in W.P.No.22765 of 2015 in W.P.No.11680 of 2010 Mr.S.Mohan in W.P.No.15408 of 20111 M/s.Yes We Associates in W.P.No.3245 of 2011 Mr.M.Kamalanathan in W.P.No.11622 of 2010 to 11625 of 2010 Mr.K.Shivakumar in W.P.No.17114 of 2010 Mr.M.Leon Raymont in W.P.No.27052 of 2012 Mr.S.K.Bose in W.P.No.26223 of 2012 For Respondents :: Mr.A.Nagarajan Mr.T.C.Gopalakrishnan Mr.R.Arunmozhi Mr.G.Anantharanagan Mr.P.V.Selvakumar Dr.C.Ravichandran Mr.K.Soundrarajan Mr.V.C.Selvasekran for Chennai Corporation Mr.P.H.Arvind Pandyan Additional Advocate General assisted by S.T.S.Murthi Government Pleader Mr.V.R.Kamalanathan Additional Government Pleader Mr.V.Shanmugasundar -Government Advocate for State Government

O R D E R

(Judgment of Court was made by The Honourable The Chief Justice) Learned Additional Advocate General appearing for the respondents states that there is some confusion in communicating the order dated 28.08.2015 and as a result thereof, the Secretary to the Government Municipal Administration and Water Supply Department, Chennai, is not present in Court as having been directed by order dated 20.08.2015. However, learned Additional Advocate General submits that he has in the mean time, telephonically obtained instructions over the issues raised in that order.

2. It is stated by the learned Additional Advocate General that in view of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, a Town Vending Committee has

to be constituted and the Government is in the process of constituting the same, laying down all policies in this behalf. He further submits that this aspect is being monitored by the Second Bench of this Court and assures that the policy would be coming into force as early as possible.

3. We have noticed in our last order that the present petitions are really only concerned with 'Bunk Shops' and the grievance of the petitioners is that the individual cases are liable to be considered in terms of the provisions of the said Act. We hasten to add that it only implies a consideration and not an inherent right. Whether a bunk shop is to exist or not, if it is to exist, at what location or whether there is need for some other measures of rehabilitation by regulated vending through other methodology are the aspects the committee would have to examine.

4. The real grievance came from the decision of the Corporation which sought to rule out any consideration of the bunk shops, something which could not have been done in our view. The committee under the Act would have to look into these aspects to come to a conclusion specifically in view of the definition of Section 2(l) of the said Act, which defines 'street vendor' to include "a temporary built up structure". The plea of the petitioner is predicated on the fact that the bunk owners would thus necessarily have to be considered under the Provisions of the Said Act. To this extent, we are in agreement with the plea advanced on behalf of the petitioner.

5. In paragraph-5 of the order dated 28.05.2015, we had in fact made some suggestions which could be looked into and those aspects would be examined by the authorities, while framing the policy or by the Committee, as the case may be.

6. Since aforesaid is the only controversy raised, it is conceded that any action against the petitioner would necessarily have to await the decision of the constitution of the Committee, its policy and thereafter consideration by the Committee and thus there would have no threat in the mean time. This however does not mean give a license to persons to keep on setting up bunk shops and no protection would be available to such cases. We also make it clear that the existence in the mean time of the bunk shops already in place does not also mean that they will not comply with the norms applicable depending on the activity they are carrying on in the bunk shops - it cannot be a license to do what they please. When example of this keep any endeavour to sell goods which are prohibited or where eatables are involved and norms are not met and hygiene etc. In such situation also, the Corporation can take necessary action. In case of difficulty, liberty to move in W.P.No.4962 of 2013.

7. The petitioners are also not entitled to either increase the size of their bunk shops or to spread beyond the periphery of the bunk still their cases are considered.

8. The writ petitions stand accordingly disposed of. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The State Commissioner for Differently Abled Persons, SRDC, Jawaharlal Nehru Inner Ring Road, K.K.Nagar, Chennai-78. 2.The Commissioner, Chennai Corporation, Rippon Buildings, Chennai 600 003.

3.The Commissioner of Police, Greater Chennai,Vepery, Chennai- 7.

4. The Secretary to Government, Government of Tamil Nadu Local Bodies Dept., Fort St. George, Chnnai 600 009.

5. The Secretary to Government Local Administration Dept., Fort St. George, Chennai 600 009.

6. The Law Officer, The Committee for Bank Shops, Corporation of Chennai, Chennai 600 003.

7. The Principal Secretary/Commissioner, Corporation of Chennai, Rippon Buildiings, Chennai 600 003.

8. The Assistant Commissioner, Zone VIII, Corporation of Chennai, Kilpauk, Chennai-10

9. The State Commissioner for Differently Abled, O/o. State Commissioner for Differently Abled, No.15/1, Model School Road, Thousand Lights, Chennai 600 006.

9a. The Special Commissioner for Handicapped, O/o. the State Commissioner for Disabled 15/1 Model School Road, Thousand Lights, Chennai-6.

10. The Secretary to Tamil Nadu, Adi Dravida Welfare Dept., Fort St. George, Chennai 600 009.

11. The Assistant Director, Tamil Nadu Khadi Village, Industries Board, Guindy, Chennai 600 035.

12. The Assistant Commissioner, Corporation of Chennai Lake Area, Valluvarkottam, Nungambakkam, Chennai34.

13. The Director Corporation & Blacksmith unit, Tamil Nadu Khadi & Village Industries Board, Gunidy, Chennai 600 032.

14. The Assistant Engineer, New Zone-X Ward No.136 (Old Zone-VIII, Ward 126) Corporation of Chennai, South Bough Road, T.Nagar Chennai17.

15. The Zonal Officer, Zonal Office V, Corporation of Chennai, No.61, Bazin Bridge Salai, Chennai-21.

16. The Commissioner of Police, Egmore, Chennai-8

17. The Assistant Commissioners, Zone-IX, Corporation of Chennai No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai 34.

18. The Estate Manager/Administrative Director, Tamil Nadu Small Industries Development Ambattur Industrial Estate, Ambattur, Chennai58. 19.The Director, Chennai Auto Ancillary Industrial Infrastructure up Gradation Company, Sidco, Ambattur, Industrial Estate, Ambattur, Chennai-58.

20. The State Commissioner for Differently Abled, Allikulam Link Road, app. to S.P.R. Travels, Chennai 600 003.

21. The Zonal Officer, Zone-VII, Corporation of Chennai, Chennai 600 034.

22. Chennai Corporation, Health Department, Rippon Building, Chennai.

23. The Member Secretary, Chenani Metropolitan Development Authority, No.1, Gandhi Irwin Salai, Egmore, Chennai 600 008.

24. The Assistant Commissioner of Police, Flower BAzaar Police Range, Chennai 600 001.

25. The Inspector of Police, Flower Bazaar Police Station, Chennai 600 001.

+ 3 ccs to Mr.S. Pushpakaran, Advocate Sr.47521 + 1 cc to Mr.R. Ramanlaal, Advocate Sr.48339 + 1 cc to Mr.S. Doraisamy, Advocate Sr.47817 + 1 cc to Mr.C.K. Chandrasekaran, Advocate SR.47532 + 1 cc to Mr.T.S.N.Prabhakaran, Advocate Sr.47711 + 1 cc to M/s.R.Arunmozhi, Advocate SR.47713 + 1 cc to Mr.R. Kamaraj, Advocate SR.47754 + 1 cc to Mr.L. Chandrakumar, Advocate SR.47755 + 1 cc to M/s. Yes Wee Associates, Advocate Sr.47731 + 1 cc to Mr.S. Mohan, Advocate SR.47548 + 1 cc to Mr.W.M. Abdul Majeed, Advocate Sr.47561 + 1 cc to Dr.C. Ravichandran, Advocate Sr.47806 + 1 cc to Mr.G. Anantharangan, Advocate SR.47530 + 2 ccs to Mr.K. Lavan, Advocate Sr.50398 & 50399 +2 ccs to Mrs.T.Muthamilselvi, Advocate, sr.47992 (08/10/2015) +1 cc to M/s.R.Vaigai, Anna Mathew, Advocate, sr.13407 (15/10/2015) W.P. Nos.18677 of 2015 and Batch PA(CO) Eu 1.10.2015