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Madras High CourtWP/18549/2021disposed of

Selvi v. The Commissioner

2021-09-06Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.18549 of 2021 Selvi

...Petitioner

-Vs1.The Commissioner Greater Chennai Corporation Rippon Building, Chennai - 600 003.

2.The Chairperson / Zonal Executive Engineer Zone No.X, The Township Vending Committee Greater Chennai Corporation, No.64, NSK Salai Kamarajar Colony, Kodambakkam, Chennai - 600 024.

..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to grant a certificate of vending by considering the petitioner's representation dated 17.07.2021 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and Tamil Nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules, 2015 and consequently not to take any coercive steps to remove the street vending food shop run by the petitioner using hand pulled vehicle in and around the areas of Ram Colony, Ashok Nagar within a stipulated period. For Petitioner : Mr.K.Govi Ganesan For Respondents : Mrs.P.T.Ramadevi, Standing Counsel

O R D E R

This petition has been filed to consider the representation given by the petitioner, as per the provision of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and till such time not to disturb with the running of the petitioner's bunk shop using hand pulled vehicle in and around the areas of Ram Colony, Ashok Nagar, Chennai selling food items.

2. The brief facts of the writ petition is as follows: The petitioner is running a bunk shop shop using hand pulled vehicle in and around the areas of Ram Colony, Ashok Nagar, Chennai selling food items. The petitioner had applied

before the Town Vending Committee to issue a Street vending I.D Card and also given all the details, as required by the respondent. However, enumeration process was not done in a proper manner by the private agencies, to whom the above work was handed over. Further, the officials of the respondents frequently visited the petitioner's shop and threatened to remove the shop. Hence, the petitioner has given a representation dated 17.07.2021 to the respondents requesting to conduct enumeration process for issuing ID Card and grant permission/certificate of vending for continuing her bunk shop business in the above place. But, it was not considered. Hence this writ petition.

3. According to the petitioner, she is running the shop and as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, the State 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.

4. Mrs.P.T.Ramadevi, takes notice for the respondents/ corporation.

5. The learned counsel appearing for the respondent/ Corporation submitted that the representation was given by the petitioner only on 17.07.2021 and sought time to consider the same.

6. Taking note of the fact that the petitioner has given a representation to run a mobile shop and the same is pending for a limited prayer, and also considering the submission made by the counsel for the respondents, this court is inclined to direct the respondents to consider the petitioner's representation and pass appropriate orders on merits in accordance with law, as early as possible within a period of twelve weeks from the date of receipt of a copy of this order. "Till such time, no coercive action shall be taken.

7. With the above observation, the writ petition is disposed of. No costs.

s/d- Assistant Registrar(CO) * Sentence incorporated as per order of this Court dated 15.09.2021 " For Being Mentioned"

made in W.P.Nos. 18537, 18542, 18549/2021 True Copy Sub-Assistant Registrar

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

2.The Chairperson / Zonal Executive Engineer Zone No.X, The Township Vending Committee Greater Chennai Corporation, No.64, NSK Salai Kamarajar Colony, Kodambakkam, Chennai - 600 024.

+1 Ccs to M/s.P.T. Ramadevi, Advocate sr 44930. +2 Ccs to Mr.K.Govi Ganesan, Advocate sr 45006, 47010. W.P.No.18549 of 2021 SP(17/09/2021)