V.Kalaiselvi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2024
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN V. Kalaiselvi ... Petitioner versus
1. The Commissioner Corporation of Chennai Ripon Buildings, Chennai 600 003.
2. The Zonal Officer (Zone No.5), Corporation of Chennai, Basin Bridge Road, Chennai 600 021. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's application dated 22.03.2024 made for grant permission/certificate of Vending and till such time not to interfere with the running of the petitioner's bunk shop at Near Library, Kamarajar Thital, Sydenhams Road, Choolai, Chennai 600 112 wherein selling tea, coffee, snacks, tiffin fast food items and other food items therein pass such further or other orders.
For Petitioner :
Mr.R.Kamaraj For Respondent :
Mr.S.Gopinathan Standing Counsel 1/5
O R D E R
This Writ Petition has been filed praying for issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's application dated 22.03.2024 made for grant of permission/certificate of Vending and till such time not to interfere with the running of the petitioner's bunk shop at Near Library, Kamarajar Thital, Sydenhams Road, Choolai, Chennai 600 112 wherein selling tea, coffee, snacks, tiffin fast food items and other food items.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
3. It is the case of the petitioner that he is running a bunk shop Near Library, Kamarajar Thital, Sydenhams Road, Choolai, Chennai 600 112 in which he is selling Tea, Coffee, Snacks and other food items for the past several years. The Central Government has enacted "The Street Vendors (Protection of Livelihood Regulation) Act, 2014" safeguarding the "Street Vendors" by regulating their business. By the above Act, the State 2/5
Government has to form a Township Vending Committee and take steps to regulate Street Vending and still such time the business of the street vendors shall not be interfered. Since the State Government and the local body have not taken any steps to regulate the street vending, the respondents to be refrained from interfering with the petitioner's business of running bunk shop in the above mentioned place. While so, the officials of the respondents are frequently visiting the bunk shop and threatening the petitioner to remove his shop stating that the same is unauthorised as he has not applied before the Township Vending Committee and obtained direction from this Court. Therefore, on 22.03.2024 the petitioner submitted an application in Form III of the Act before the 2nd respondent for certificate of Vending.
4. Considering the limited nature of the relief sought for in the present Writ Petition, there shall be a direction to the respondents to place the papers before the Vending Committee to enable the Vending Committee to process the same whether the petitioner is eligible or not. Until a decision is taken on the representation dated 22.03.2024, the respondents shall not take any coercive steps against the petitioner by removing the bunk shop. 3/5
5. This Writ Petition is disposed of accordingly. No costs. 04.07.2024 (1/3) Speaking order / Non-speaking order Index : Yes / No : Yes / No dpq To
1. The Commissioner Corporation of Chennai Ripon Buildings, Chennai 600 003.
2. The Zonal Officer (Zone No.5), Corporation of Chennai, Basin Bridge Road, Chennai 600 021.
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V.BHAVANI SUBBAROYAN , J.
dpq (1/3) 04.07.2024 5/5