Murugesan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.15373 of 2019 Murugesan

...Petitioner

Vs.

1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.

2.The Chair Person, Zone-XIII Street Vending Committee, Corporation of Chennai, Chennai-600 034.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the petitioner's representation dated 30.12.2018, including vending committee constituted by the 1st respondent for grant of licence to run the petty shop and till such time, forbear the 1st respondent from in any manner interfering with the running of petitioner's bunk shop at Velacherry Bypass road by the side of and corner of Rajalakashmi Nagar, Ward No.178, near by Reymonds Showroom, Velacherry, Chennai-600 042, selling tea, coffee and allied foods.

For Petitioner : Mr.N.A.Sadique For Respondents : Ms.Karthicka Ashok

O R D E R

This writ petition has been filed to direct the 2nd respondent to dispose of the petitioner's representation dated 30.12.2018, including vending committee constituted by the 1st respondent for grant of licence to run the petty shop continuously and till such time, forbear the 1st respondent from in any manner interfering with the running of petitioner's bunk shop at Velacherry.

2. According to the petitioner, he is a resident of Chennai and completed his school education. Since he is not able to get any job, he decided to run petty bunk shop by selling tea, coffee and allied foods. The Hon'ble Division Bench of this Court in order to streamline the street vendors passed an order on the basis of Street Vendors (Protection of Livelihood and Regulation of Street Vending Act, 2014 and based on the said Act, the Vending Committee was constituted for considering the grievance of the street vendors. In view of the same, the petitioner had made a representation to the 2nd Respondent / Street Vending Committee, however, till date, the Street Vending Committee has not considered his request, against which, the present Writ Petition is filed.

3.The learned counsel appearing for the petitioner submitted that it would suffice for this Court to issue a direction to dispose of the petitioner's representation dated 30.12.2018.

4. The Learned counsel for the respondent would concede the request made by the learned counsel for the petitioner.

5. In view of the above, there shall be a direction to the respondent to consider the representation of the petitioner dated 30.12.2018 and pass orders on merits in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. With the aforesaid direction, the Writ Petition is disposed of. No Costs.

06.06.2019 Index: Yes/No Internet:Yes/No rri/ssd

M.DHANDAPANI, J.

rri/ssd To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.

2.The Chair Person, Zone-XIII Street Vending Committee, Corporation of Chennai, Chennai-600 034.

W.P.No.15373 of 2019 06.06.2019