S.Nagarathinam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.Nagarathinam ... Petitioner vs.

1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600003.

2.The Chairman/Zonal Executive, Engineer Zone, Zone No.IX, 8, 4th Cross Street, Lake Area, Nungambakkam, Chennai - 600034.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation dated 19.06.2023 to make sure that till the time of granting permission or certificate from vending committee, the respondents or the persons who claiming to be as representative of respondents or any other third parties or rowdy elements are not to disturb the petitioner's shop. 1/6

For Petitioner : Ms.K.Indhumathi for Mr.V.Balasubramani For Respondents : Mr.A.S.Ragul Adhithya for Mrs.P.T.Ramadevi Standing Counsel for GCC

O R D E R

The petitioner herein seeks a direction to the respondents to consider the representation of the petitioner dated 19.06.2023 and not to disturb the petitioner's shop till consideration of his representation seeking license from Vending Committee.

2. According to the petitioner, he has been selling Sugarcane Juice in a bunk shop situated in Thiru.Vi.Ka Road, Mylapore, Chennai. It is the case of the petitioner that he has been running the business in the said road for the past 18 years and he also got permission under Chennai Corporation Street Vendor Protection (Protection of livelihood Regulation) Act, 2014. It is the further case of the petitioner that certain unidentified persons claiming themselves as persons deputed by Corporation trying to disturb the business of the petitioner in the above mentioned place. Therefore, the petitioner 2/6

submitted a representation to the respondents dated 19.06.2023 seeking their intervention to take appropriate action against them and permit the petitioner to continue to do the business.

3. Mr.A.S.Ragul Adhithya, learned counsel appearing for the respondents, on instructions, submitted that the petitioner is running a Sugarcane Juice Shop in Thiru.Vi.Ka Road near bus stop and it is causing inconvenience to the general public.

4. The petitioner also produced the Street Vending Identity Card issued by the 1st respondent/Corporation in the typed set of papers. A perusal of the same would indicate that the petitioner was permitted to carry on street vending at Balakrisna Street.

5. In such circumstances, the petitioner is entitled to continue the business in Balakrisna Street. However, he is not entitled to get any protection in respect of his alleged street vending in Thiru.Vi.Ka Road. If the petitioner wants to continue the business in Thiru.Vi.Ka Road, it is for him to make necessary application before the 1st respondent seeking license to do 3/6

street vending business at Thiru.Vi.Ka Road.

6. With these observations, the writ petition is disposed of. No costs. 26.07.2023 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600003.

2.The Chairman/Zonal Executive, Engineer Zone, Zone No.IX, 8, 4th Cross Street, Lake Area, Nungambakkam, Chennai - 600034.

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S.SOUNTHAR, J.

dm 26.07.2023 6/6