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Madras High CourtWP/18682/2019disposed of

G.Senthil Kumar v. The Commissioner

2021-04-08Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. No. 18682 of 2019 and W.M.P. No. 18026 of 2019 G.Senthil Kumar

...Petitioner

Vs.

1. The Commissioner Corporation of Chennai Ribbon Buildings Chennai - 600 003.

2. The Chairperson / Zonal Executive Engineer Zone No.9 (The Township Vending Committee) Corporation of Chennai Chennai - 600 034. ... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents to consider and pass orders on the Petitioner's representation dated 15.06.2019 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 made for conducting enumeration process for issuing Street Vending I.D. Card and or granting Certificate of Vending and till such time not to disturb with the running of the Petitioner's bunk shop at near ESIC Regional Office (Centre Gate), Sterling Road, Chennai - 600 034, wherein selling tea, coffee, snacks and food items therein.

For Petitioner :

Mr. R.Kamaraj For Respondents:

Mrs. Karthikaa Ashok (For R1) Mr. S.Saravanan (For R2)

O R D E R

Heard both sides and perused the documents filed in the form of typed set of papers.

2.This Writ Petition has been filed for a direction to the Respondents to consider and pass orders on the Petitioner's representation dated 15.06.2019 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 for conducting enumeration process by issuing Street Vending I.D. Card and / or granting Certificate of Vending and till such time, not to disturb the running of the Petitioner's bunk shop at near ESIC Regional Office (Centre Gate), Sterling Road, Chennai - 600 034.

3.Upon notice, the respondents filed a detailed counter affidavit, wherein, it is inter alia stated that as per Section 3 of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, the enumeration of the existing vendors has been done and the eligible enumerated vendors has been issued with the Identity Card and the enumeration and issuance of I.D card was completed in the year 2017. It is further stated therein that if the petitioner has been in the continuous vending particularly during the period 2015 - 2017, he could have been issued with the Identity Card.

4.In the light of the averments made in the counter affidavit filed by the respondents and also considering the facts and circumstances of the case, more particularly, the petitioner's representation is pending from the year 2019, this Court directs the respondents to consider the representation dated 15.06.2019 submitted by the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5.This Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Maya To

1. The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai - 600 003.

2. The Chairperson / Zonal Executive Engineer Zone No.9, (The Township Vending Committee) Corporation of Chennai, Chennai - 600 034.

+1cc to M/s.Karthikaa Ashok, Advocate Sr.22291 +1cc to Mr.R.Kamaraj, Advocate Sr.22154 W.P. No. 18682 of 2019 and W.M.P. No. 18026 of 2019 gpl[co] srg 30/04/2021