Jamuna Rani v. The State Commissioner For

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:24.06.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.21636 of 2016 and WMP.No.18480 of 2016 ---- Jamuna Rani ..Petitioner Vs.

1.The State Commissioner for Differently Abled O/o. State Commissioner for Differently Abled J.N.Ring Road Chennai-600 078 2.The Secretary to Government Local Administration Department Government of Tamil Nadu Fort St.George Chennai-600 009 3.The Commissioner Corporation of Chennai Rippon Buildings Chennai-600 003 4.The Administrative Director SIDCO Small Factory Industrial Estate Ambattur Chennai-600 058

...Respondents.

Writ Petition filed under Article 246 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 3 and 4, their officials, servants from in any manner interfering with the running of the petitioner's bunk shop near Tiney Sector near gate left opposite to A7, 1st Main Road, Ambattur Estate,Chennai-600 058, by selling tea, coffee and other food items, till the Township Vending Committee decides as per the provisions of the Street Vendors (Protection of Livelihood Regulation)Act.

For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.R.Vijayakumar, Addl.Govt.Pleader for R1 and R2 Mr.V.C.Selvasekaran for R3 Mr.V.P.Sengottuvel for R4.

O R D E R

(Order of the Court was made by HULUVADI G. RAMESH,J.) This Writ Petition is filed praying to issue a Writ of Mandamus forbearing the respondents 3 and 4, from interfering with the running of the petitioner's bunk shop, till the Township Vending Committee decides as per the provisions of the Street Vendors (Protection of Livelihood Regulation)Act.

2. The case of the petitioner is that she is a physically handicapped (Differently Abled) person and running a bunk shop in the aforementioned address for the past six months by selling tea, coffee and food items in a hygienic manner and the bunk shop is in no way disturbing the general public or for traffic. (ii) It is her further case that the Central Government has enacted "The Street Vendors (Protection of Livelihood Regulation) Act, 2014, however, the State Government and the local body have not taken any steps to regulate the street vending.

(iii) It is also stated that the Officials of respondents 3 and 4 are trying to interfere with the running of her bunk shop stating it as "unauthorized" and hence, she submitted a representation to the 3rd respondent setting out the facts. (iv) It is stated that in W.P.No.18677 of 2014 batch, this Court has held that till the constitution of Town Vending Committee and its policy and consideration by the committee, there shall be no threat with regard to running of the bunk shops.

(v) It is also stated that as per Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1994, she is having the statutory right to claim the right of business.

3. We have heard the learned counsel appearing on either side and perused the judgment of this court dated 03.09.2015 passed in W.P.No.18677 of 2014 batch, wherein, it is pointed out

that the vendors have to await the decision of the constitution of the Committee, its policy and thereafter consideration by the Committee and thus they would have no threat in the mean time. The Division Bench of this court also directed the Corporation to take necessary action. This Court, however, directed the vendors/petitioners therein as under:- "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."

4.

Following the above judgment rendered in W.P.No.18677/2014-A.Sekar vs. The State Commissioner of Differently Abled Persons, we direct the respondents 1 to 3 to consider the case of the petitioner in the light of the above judgment (cited supra) and frame the policy and do the needful in accordance with law. We make it clear that the petitioner is not entitled to either increase the size of her bunk shop or to spread beyond the periphery of the bunk still her case is considered by the respondents on a policy decision.

5. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMP is closed. nvsri Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The State Commissioner for Differently Abled O/o. State Commissioner for Differently Abled J.N.Ring Road Chennai-600 078 2.The Secretary to Government Local Administration Department Government of Tamil Nadu Fort St.George Chennai-600 009 3.The Commissioner Corporation of Chennai Rippon Buildings Chennai-600 003

+ 1 cc to Mr.L.Chandrakumar, Advocate Sr 35387 + 1 cc to The Govt.Pleader, Sr 35531 KR/5/7/16 W.P.No.21636 of 2016