M.Loganathan v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.23159 OF 2021 M.Loganathan ...

Petitioner -Vs1 The Secretary to Government Municipal Administration and Water Supply Department Government of Tamil Nadu Fort St. George Secretariat Chennai 9 2 The Commissioner Corporation of Chennai Ripon Buildings Chennai 3 3 The Chairperson / Zonal Engineer (Zone 5) (The Township Vending Committee) Corporation of Chennai, Basin Bridge Road Chennai 21 ... Respondents Prayer :

Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider and pass orders on the petitioner's representation dated 15.04.2021 made for grant of Certificate of Vending as per the provision of the 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 Near Door No.500, Pantheon Road, Egmore, Chennai 600 008 wherein selling Tea. Coffee, Snacks and other food items. For Petitioner : Mr.B.Madheswaran For Respondents:

Mr.A.Selvendran, Government Advocate-for R1 Mrs.P.T.Ramadevi, Standing Counsel -for R2 & 3

O R D E R

This petition has been filed to consider the representation given by the petitioner, as per the provision of the 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 Near Door No.500, Pantheon Road, Egmore, Chennai 600 008 wherein selling Tea, Coffee, Snacks and other food items.

2. The brief facts of the writ petition is as follows: The petitioner is running a bunk shop Near Door No.500, Pantheon Road, Egmore, Chennai 600 008 wherein he is selling Tea, Coffee, Snacks and other food items. The petitioner had applied before the Town Vending Committee to issue a Street vending I.D Card and also given all the details, as required by the respondents. However, enumeration process was not done in a proper manner by the private agencies, to whom the above work was handed over. Further, the officials of the respondents frequently visited the petitioner's shop and threatened to remove the shop. Hence, the petitioner has given a representation dated 15.04.2021 to the respondents requesting to conduct enumeration process for issuing ID Card and grant permission/certificate of vending for continuing his bunk shop business in the above place. But, it was not considered. Hence this writ petition.

3. According to the petitioner, he is running a bunk shop and as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, the State Government has to form a Township Vending Committee and take steps to regulate street vending and still such time, the business of the street vendors shall not be interfered.

4. Mrs.P.T.Ramadevi, takes notice for the respondent/ corporation.

5. The learned counsel appearing for the respondent/ Corporation submitted that the representation was given by the petitioner only on 15.04.2021 and sought time to consider the same.

6. Taking note of the fact that the petitioner has given a representation to run a mobile shop and the same is pending for a limited prayer, and also considering the submission made by the counsel for the respondent, this court is inclined to direct the respondent to consider the petitioner's representation and pass appropriate orders on merits in accordance with law, as early as possible within a period of twelve weeks from the date of receipt of a copy of this order. Till such time, no coercive

action shall be taken.

7. With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar KST To

1. The Secretary to Government Municipal Administration and Water Supply Department Government of Tamil Nadu Fort St. George Secretariat Chennai 9.

2. The Commissioner Corporation of Chennai Ripon Buildings Chennai 3.

3. The Chairperson / Zonal Engineer (Zone 5) (The Township Vending Committee) Corporation of Chennai, Basin Bridge Road Chennai 21.

+1cc to Mr.B.Madheswaran, Advocate, S.R.No.55730 +1cc to Mrs.P.T.Ramadevi, Advocate, S.R.No.55615 +1cc to the Government Pleader, S.R.No.56179 W.P.No.23159 of 2021 NR(CO) PM/17/11/2021