A.Mohamed Ismail v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Mohamed Ismail S/o.Ahemed Ali

...Petitioner

Vs 1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

2.The Chairperson/Zonal Executive Engineer Zone, Zone No.: (The Town Vending Committee), Corporation of Chennai, Chennai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 25.04.2023 as per the provisions of 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 Running Bunk at PV Cherian Road, Opposite KCP Limited, Opposite Passport Office, Near Indian Overseas Bank, Chennai, wherein selling juice, tea, coffee and food items by using LPG Gas Stove.

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For Petitioner : Mr.E.Deepika For Respondents : Mrs.P.T.Ramadevi Standing Counsel *****

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 25.04.2023 and to permit the petitioner to run the bunk shop at PV Cherian Road where the petitioner is claiming to be doing the business of selling juice, tea, coffee and snacks etc.

2. Heard Ms.E.Deepika, learned counsel for petitioner and Mrs.P.T.Ramadevi, learned Standing Counsel appearing for respondents.

3. Learned Standing Counsel appearing on behalf of the respondents submitted that already the list of elected committee members has been placed before the Government and that the Government will issue notification within a period of two weeks. Learned Standing Counsel further submitted that immediately on formation of the Town Vending Committee, the petitioner can make a fresh representation before the Committee and the 2/4

claim made by the petitioner will be considered by the Committee in accordance with law.

4. In the light of the above submission, the petitioner shall make a fresh representation to the Town Vending Committee after it is formally notified by the Government and the Committee shall deal with the representation on its own merits and in accordance with law and take a decision as expeditiously as possible. If the petitioner is already running the bunk shop, the same shall not be disturbed till the Town Vending Committee takes a final decision on the claim made by the petitioner. This Writ Petition is disposed of in the above terms. No costs. 22.06.2023 Index : Yes/No Speaking order:Yes/No gm 3/4

N.ANAND VENKATESH, J gm To 1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

2.The Chairperson/Zonal Executive Engineer Zone, Zone No.: (The Town Vending Committee), Corporation of Chennai, Chennai District.

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