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Madras High CourtWP/32151/2012disposed of

S.Rita, Walace Garden v. The State Commissioner For

2015-10-28Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.JAICHANDREN W.P.No.32151 of 2012 and M.P.No.1 of 2012 S.Rita .. Petitioner vs.

1.The State Commissioner for Differently Abled, O/o.State Commissioner for Differently Abled, Nehru Inner Ring Road, K.K.Nagar, Chennai - 600 078.

2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai. .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 08.10.2012 in the light of the orders passed in W.P.No.20935 of 2010 dated 12.11.2010 and till final decision is taken, not to disturb the running of the petitioner's shop situated at Walace Garden 1st Street, Canal Park Backwide, Opposite to Corporation Two Wheeler Parking, Thousand Lights, Chennai - 600 006, by selling coffee, tea and allied food items. For petitioner : Mr.R.Kamaraj For 1st respondent : Mr.R.Ravichandran, Additional Government Pleader For 2nd respondent : M/s.Karthika Ashok

ORDER

Heard the learned counsels appearing for the parties concerned.

2. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus directing the second respondent to consider and pass appropriate orders on the representation of the petitioner, dated 08.10.2012.

3. The petitioner has stated that he is a physically handicapped person. He is running a Bunk Shop, at Walace Garden 1st Street, Canal Park Backwide, Opposite to Corporation Two Wheeler Parking, Thousand Lights, Chennai, for over 3 years.

4. It has been further stated that the petitioner is selling tea, coffee, and other eatable items. In such circumstances, the petitioner had submitted a representation, dated 08.10.2012, for granting licence to the petitioner, to run the Bunk Shop.

5. At this stage of the hearing of the Writ Petition, the learned counsels appearing for the respondents had placed before this Court an order of the First Bench of this Court, dated 3.9.2015, made in W.P.No.18677 of 2014, etc., batch. In the said order, the First Bench of this Court had directed the State Government to form a Town Vending Committee to consider the applications made for the granting of licences to run the Bunk Shops, as per the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. Certain other directions had also been issued in the said order. The learned counsels had further submitted that it would be open to the petitioner to make an appropriate application before the Town Vending Committee, as and when it is formed for the issuance of licences to run the Bunk Shops. The directions issued by the First Bench of this Court, by its order, dated 3.9.2015, would be followed by the respondents, with regard to the running of the Bunk Shops.

6. In view of the submissions made by the learned counsels appearing for the parties concerned, this Court finds it appropriate to permit the petitioner to make an appropriate application before the Town Vending Committee, as and when it is formed by the State Government, as per the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, for the issuance of licence to run the Bunk Shop in question. On such application being made by the petitioner, the Committee concerned may pass appropriate orders, considering the claims of the petitioner. However, if the respondents find that the Bunk Shop is being run in an unhygienic manner or if it is obstructing the use of pathway of the pedestrians, or if it is being run in an illegal manner, it would be open to the respondents to issue a show cause notice and to take appropriate action, taking into account the directions issued by the First Bench of this Court, in its order, dated 3.9.2015, made in W.P.No.18677 of 2014, etc., batch.

7. Accordingly, the Writ Petition is disposed of, with the above directions. No costs. Connected M.P.No.1 of 2012 is closed.

Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar asvm To 1.The State Commissioner for Differently Abled, O/o.State Commissioner for Differently Abled, Nehru Inner Ring Road, K.K.Nagar, Chennai - 600 078.

2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

W.P.No.32151 of 2012 and M.P.No.1 of 2012 tm co kra 25.11.2015