D.Revathy v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2025
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA D.Revathy ...
Petitioner -Vs1. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 600 003.
2. The Chairperson / Zonal Executive Engineer (Zone No.5), (The Township Vending Committee), Corporation of Chennai, Basin Bridge Road, Chennai - 600 021.
...
Respondents PRAYER : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the respondents to consider and pass orders on the petitioner's application dated 14.06.2024 made for grant of permission / certificate of vending within a time frame, as may be fixed by this Court and till such time not to interfere with the running of the petitioner's bunk shop opposite to C.L.S. & S.B.I, near Park Town Post office, near petrol bunk, Evening Bazaar Road, Chennai - 600 003, wherein selling tea, coffee, snacks, 1/5
tiffin, cool drinks and other food items therein. For Petitioner :
Mr.R.Kamaraj For Respondents :
Mr.S.Gopinathan Standing Counsel
O R D E R
(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for in this writ petition is for a writ of mandamus directing the respondents to consider and pass orders on the petitioner's application dated 14.06.2024 made for grant of permission / certificate of vending within a time frame, as may be fixed by this Court and till such time not to interfere with the running of the petitioner's bunk shop opposite to C.L.S. & S.B.I, near Park Town Post office, near petrol bunk, Evening Bazaar Road, Chennai - 600 003.
2. It is the claim of the petitioner that the petitioner has been running a bunk shop opposite to C.L.S. & S.B.I, near Park Town Post office, near Petrol Bunk, Evening Bazaar Road, Chennai and to that extent, an application also has been submitted in format by the petitioner on 14.06.2024 to the respondent / Town Vending Committee for getting permission for licence under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 2/5
(for brevity, hereinafter referred to as 'the Act'). Since the application has not been considered, the petitioner has moved the present writ petition with the aforesaid prayer.
3. Heard Mr.R.Kamaraj, learned counsel appearing for the petitioner who reiterated the aforestated and seeks indulgence of this Court.
4. Heard Mr.S.Gopinathan, learned Standing Counsel appearing for the respondents who would submit that, an inspection team would verify whether first of all the bunk shop has been located in the particular locality or not, based on which, the application submitted by the petitioner under the Act would be considered and decided on merits and in accordance with law within a time frame that may be stipulated by this Court.
5. Considering the said submissions made by the learned counsel appearing for both sides, this Court is inclined to dispose of this writ petition with the following order:
that there shall be a direction to the respondent / Town Vending Committee to consider the application of the petitioner dated 14.06.2024 and decide the same after 3/5
verifying the claim of the petitioner that the petitioner has been running a bunk shop in the locality concerned and accordingly, take a decision and communicate the same to the petitioner under the Act within a period of two months from the date of receipt of a copy of this order.
6. With these observations and directions, this Writ Petition is disposed of. However, there shall be no order as to costs. (R.S.K., J.) (A.D.J.C., J.) 17.02.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 600 003.
2. The Chairperson / Zonal Executive Engineer (Zone No.5), (The Township Vending Committee), Corporation of Chennai, Basin Bridge Road, Chennai - 600 021.
4/5
R.SURESH KUMAR, J.
and A.D.JAGADISH CHANDIRA, J.
vji 17.02.2025 5/5