V.Malarvannan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA V.Malarvannan ..

Petitioner Vs.

1. The Commissioner Chennai Metro City Corporation Rippon Building, Chennai - 600 003.

2. The Chairperson / Executive Engineer Township Vending Committee Zone 14, Part - 41, Ward - 182 School Street, Anna Highways Road Kandhanchavadi, Perungudi Chennai - 600 096.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 1st and 2nd respondents to consider the petitioner's representation dated 25.07.2024 consequently direct the 1st and 2nd respondents to issue a license to the trust health nature organic shop. For the Petitioner :

Mr.T.V.G.Kartheeban For the Respondents :

Mr.P.Prithiv Chupda Standing Counsel

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) Heard Mr.T.V.G.Kartheeban, learned counsel for the petitioner and Mr.P.Prithiv Chupda, learned Standing Counsel for the respondents.

2. Learned counsel for the petitioner seeks indulgence of this Court to give directions, by way of mandamus, to consider the representation of the petitioner dated 25.07.2024 and for a consequential direction to the respondents to issue license to the petitioner's Trust to carry-on the organic shop under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

3. However, Mr.P.Prithiv Chupda, learned Standing Counsel appearing for the respondents would submit that on receipt of the representation of the petitioner, inspection had been made in the locality where it was claimed by the petitioner that they have already set up a shop for selling organic goods. However, no such shop is available and no such activity also had been undertaken by the petitioner or any other third parties. When that being so, the claim made by the petitioner cannot be accepted, he contended.

4. We have considered the said submissions made by both sides and have perused the materials placed before this Court.

5. In view of the said submissions made by the learned Standing Counsel, the claim of giving directions to the second respondent does not arise in this case at this juncture. But, at the same time, the representation of the petitioner dated 25.07.2024 could be disposed of by the first respondent within a period of two weeks from the date of receipt of a copy of this order.

6. With these directions, the writ petition stands disposed of. There shall be no order as to costs.

(R.S.K., J.) (A.D.J.C, J) 06.09.2024 drm

To:

1. The Commissioner Chennai Metro City Corporation Rippon Building, Chennai - 600 003.

2. The Chairperson / Executive Engineer Township Vending Committee Zone 14, Part - 41, Ward - 182 School Street, Anna Highways Road Kandhanchavadi, Perungudi Chennai - 600 096.

R. SURESH KUMAR, J.

AND A.D.JAGADISH CHANDIRA , J.

(drm) 06.09.2024