Burma Bazaar Pavement Small v. The Corporation Of Chennai,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2017

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.38210 of 2015 and M.P.No.1 of 2015 Burma Bazaar Pavement Small Merchants Welfare Association, (Regd. No.307/80) rep. by its President, 245-A, Rattan Bazar, Chennai-600 003.

.. Petitioner vs.

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

2.The Zonal Officer, Zone-5, Corporation of Chennai, No.61, Basin Bridge Road, Chennai-600 079.

3.The State of Tamil Nadu, rep. by its Secretary, Municipal and Water Supply Department, Fort St. George, Chennai-600 009.

4.The Commissioner, Commissioner of Police, Greater City of Chennai, Vepery, Chennai-600 007.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus

directing the respondents to implement the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and register the members of the petitioner association whose names are in the Annexure to the affidavit in pavement in front of Burma Bazaar from State Bank to Parrys Corner Petrol Bunk, in Rajaji Salai, Chennai, as vendors and grant them licenses to hawk in members of the petitioner association whose names are in the Annexure to the affidavit in pavement in front of Burma Bazaar from State Bank to Parrys Corner Petrol Bunk, in Rajaji Salai, Chennai or in any other suitable alternative place. For Petitioners : Dr.V.Suresh For Respondents : Mr.V.C.Selvasekaran for R1, R2 Mr.R.Vijayakumar Addl. G.P. for R3, R4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) In view of the Vending Committee having been constituted vide G.O. (4D) No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016 and the proceedings of the Commissioner of Corporation in RDC.No.007/2016, dated 1.11.2016 nominating the members of the Vending Committee, we are not inclined to maintain the writ petition and it is for the petitioner to approach the Vending Committee for obtaining the license.

2. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2015 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To:

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

2.The Zonal Officer, Zone-5, Corporation of Chennai, No.61, Basin Bridge Road, Chennai-600 079.

3.The Secretary, Municipal and Water Supply Department, Fort St. George, Chennai-600 009.

4.The Commissioner, Commissioner of Police, Greater City of Chennai, Vepery, Chennai-600 007.

+1cc to Mr.D. Nagasaila, Advocate, S.R.No.253 msm(CO) md(09/01/2017) W.P.No.38210 of 2015