John Wesly v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22158 of 2023 John Wesly
...Petitioner
Vs.
1.The Commissioner Corporation of Chennai Rippon Building Chennai 600 003.
2.The Chairperson/ Zonal Executive Engineer Zone No.(The Town Vending Committee) Corporation of Chennai Chennai District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 18.01.2023, as per the provisions at the Street Vendors (Protection of livelihood Regulation) Act, 2014, made for granting permission/certificate of vending and till such time 1/5
not to disturb with the running of the petitioner's bunk shop at Shivaani & Deepika Chat & Soup, P.V.Cherian Road, Ethiraj College Backside, OppWriters Cafe, Chennai wherein selling Tea, Coffee, Juice, Cool drinks and chat and food tiffin items by using LPG Gas stove. For Petitioner : Mr.K.Prabhakaran For Respondents : Mr.A.S.Ragul Adhithya for Mrs.P.T.Ramadevi Standing Counsel (GCC)
O R D E R
The petitioner herein seeks a direction to the respondents to consider the representation of the petitioner dated 18.01.2023, in the light of the provision of Street Vendors (Protection of Livelihood Regulation) Act, 2014 and till such time not to disturb with the running of the petitioner's bunk shop at P.V.Cherian Road, Ethiraj College Backside, Opp-Writers Cafe, Chennai.
2. According to the petitioner, he is a differently abled person having 90% disability. It is also stated by the petitioner that he is owning a bunk shop at Shivaani and Deepika Chat and Soup at P.V.Cherian Road, Ethiraj College Backside, Opp-Writers Cafe, Chennai. 2/5
3. It is stated that the petitioner is engaged in selling tea, coffee and other items. The petitioner appeared to have given a representation on 18.01.2023 seeking permission to run his business by establishing a bunk shop in the above mentioned address.
4. Mr.A.S.Ragul Adhithya, learned counsel appearing for Mrs.P.T.Ramadevi, learned Standing Counsel, takes notice for the respondents and on instructions submitted that in the above mentioned address there is no bunk shop as claimed by the petitioner. But however, the learned counsel for the petitioner on instructions submitted that in case a representation is made by the petitioner for establishing a bunk shop in the above mentioned address, the same will be considered in accordance with law.
5. In view of the stand that has been taken by the counsel for the respondents, this Court is inclined to issue a direction to the petitioner to submits a fresh representation to the first respondent seeking permission for establishment of a bunk shop in the above mentioned address. In case of any such representation is made by the petitioner, the same shall be considered by 3/5
the first respondent and final orders shall be passed on merits and in accordance with law within a period of six weeks from the date of receipt of copy of this order.
6. With the above directions, this Writ Petition is disposed of. 27.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna To 1.The Commissioner Corporation of Chennai Rippon Building Chennai 600 003.
2.The Chairperson/ Zonal Executive Engineer Zone No.(The Town Vending Committee) Corporation of Chennai Chennai District.
4/5
S.SOUNTHAR , J.
dna W.P No.22158 of 2023 27.07.2023 5/5