M.Sivakumar, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2018
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.15458 of 2018 M.Sivakumar
...Petitioner
Vs.
1. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.
2. The Chairperson / Zonal Executive Engineer Zone No.8, (The Township Vending Committee), Corporation of Chennai, Chennai - 600 040.
...Respondents
PRAYER:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to consider and pass orders on the petitioner's representation dated 30.05.2018 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 made for granting permission / Certificate of Vending and till such time not to disturb with the running of the petitioner's bunk shop at Near Door No.118-A, Perambur Barracks Road, Corner of Vadamalai Street, Purasawalkam, Chennai - 600 007, wherein running puncture shop.
For Petitioner : M/s.L.Chandrakumar For Respondents : Mr.T.C.Gopalakrishnan
ORDER
Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.
2. The petitioner has come up with this petition for issuance of a Writ of Mandamus to direct the respondents to consider and pass orders on his representation dated 30.05.2018 and till such time not to disturb with the running of his bunk shop Near Door No.118-A, Perambur Barracks Road, Corner of Vadamalai Street, Purasawalkam, Chennai - 600 007. https://hcservices.ecourts.gov.in/hcservices/
3. The case of the petitioner is that he is a differently abled person, running a bunk shop in the said place for his livelihood. The officials of the respondents are trying to interfere with the running of the petitioner's business. Hence, he gave representation to the respondents, dated 30.05.2018. Since the representation is not yet considered, the present writ petition.
4. Mr.R.Kasinathan, Junior Engineer, Division 59, Corporation of Chennai is present. The learned Standing Counsel for the respondents on instructions submitted that the petitioner is not running business in the said place.
5. In the light of the above facts and submissions of the learned Standing Counsel for the respondents, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 30.05.2018 and pass orders on merits and in accordance with law, after providing an opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of copy of this order.
6. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar pvs To
1. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.
2. The Chairperson / Zonal Executive Engineer Zone No.8, (The Township Vending Committee), Corporation of Chennai, Chennai - 600 040.
+1cc to Mr.R.KAMARAJ, Advocate, S.R.No.40808 +1cc to Mr.T.C.GOPALAKRISHNAN, Advocate, S.R.No.40784 WP.No.15458 of 2018 SV(CO) TR(11/07/2018) https://hcservices.ecourts.gov.in/hcservices/