M. Subbiah v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.07.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.19548 of 2019 M.Subbiah .. Petitioner /versus/ 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 Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 13.06.2019 as per the provisions of the Street Vendors(Protection of Livelihood Regulation) Act, 2014 made for granting Certificate of Vending and till such time not to disturb with the running of the petitioner's bunk shop opposite to Annamalai University, Near Mayor Sundarao Park, Rukumani Lakshmipathy Road, Egmore, Chennai 600 008, wherein selling sugarcane juice and other fruit juice items therein. For petitioner : Mr.R.Kamaraj For Respondents : Ms.Karthika Ashok, St.C.

O R D E R

Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

2. The petitioner herein is running a bunk shop opposite to Annamalai University, Near Mayor Sundarao Park, Rukumani Lakshmipathy Road, Egmore, Chennai 600 008 and he seeks permission to continue his business as a street vendor. Accordingly, he has made a representation dated 13.06.2019 to https://hcservices.ecourts.gov.in/hcservices/

the respondents for conducting enumeration process for vending as street vendors and for granting certificate.

3. The learned Government Advocate appearing for the respondents would submit that the process of enumeration will be done once at every five years. During the enumeration 2015-16, the authorities had removed the petitioner's bunk stating that it had caused hindrance to the traffic. The representation of the petitioner dated 13.06.2019 cannot be considered since the petitioner was not enlisted during the previous enumeration. As of now, the Town Vending Committee is considering the relocation of the street vendors, who were enumerated earlier and special cases i.e., application received from disabled, destitute etc.

4. In view of the above submissions, the writ petition seeking out of turn enumeration cannot be entertained. Hence, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar rpl 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 Mr.R.Kamaraj, Advocate SR.No.60824 W.P.No.19548 of 2019 GMY(19/09/2019) https://hcservices.ecourts.gov.in/hcservices/