Parvathy v. The State Commissiner For

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.8.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.28939 of 2016 and W.M.P.No.25017 of 2016 Parvathy Running Bunk Shop in the middle of Wellington Estate In-gate Ethiraj Salai, Chennai-600 008 Petitioner

Versus

1 The State Commissioner for Differently Abled O/o. State Commissioner for Differently Abled J.N.Ring Road Chennai-600 078 2 The Secretary to Government Local Administration Department Government of Tamilnadu Fort St. George Chennai-600 009 3 The Commissioner Corporation Of Chennai Rippon Buildings Chennai-600 003 Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the 3rd respondent, their officials, servants from in any manner interfering with the running of the petitioner's bunk shop in the middle of Wellington Estate In-gate, Ethiraj Salai, Chennai 600 008, by selling Tiffen and other food items, till the Township Vending Committee decides as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act.

For petitioner : Mr.L.Chandrakumar For R1 & R2 : Mr.A.Srijayanthi, Special Govt. Pleader For R3 : Mr.A.Nagarajan

ORDER

(Order of the court was made by HULUVADI G.RAMESH, J.) The writ petition has been filed seeking issuance of a writ of mandamus forbearing the 3rd respondent, their officials, servants from in any manner interfering with the running of the petitioner's bunk shop in the middle of Wellington Estate Ingate Ethiraj Salai Chennai 600 008 by selling Tiffen and other food items till the Township Vending Committee decides as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act.

2. The petitioner is a physically handicapped (Differently Abled) person and running bunk shop in the aforementioned address, by selling Tiffen and other food items in a hygienic manner and the bunk shop is in no way disturbing the general public or for traffic.

(ii) It is the further case of the petitioner that the Central Government has enacted "The Street Vendors (Protection of Livelihood Regulation) Act, 2014, however, the State Government and the local body have not taken any steps to regulate the street vending.

(iii) It is also stated that the Officials of 3rd respondent are trying to interfere with the running of the bunk shop stating it as "unauthorized" and hence, a representation has been submitted to the 3rd respondent setting out the facts. (iv) It is further stated that in W.P.No.18677 of 2014 batch, this Court has held that till the constitution of Town Vending Committee and its policy and consideration by the committee, there shall be no threat with regard to running of the bunk shops.

(v) It is also stated that as per Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1994, the petitioner has got the statutory right to claim the right of business.

3. We have heard the learned counsel appearing on either side and perused the judgment of this court dated 03.09.2015 passed in W.P.No.18677 of 2014 batch, wherein, it is pointed out that the vendors have to await the decision of the constitution

of the Committee, its policy and thereafter consideration by the Committee and thus they would have no threat in the mean time. The Division Bench of this court also directed the Corporation to take necessary action. This Court, however, directed the vendors/petitioners therein as under:- "7. The petitioners are also not entitled to either increase the size of their bunk shops or to spread beyond the periphery of the bunk till their cases are considered."

4.

Following the above judgment rendered in W.P.No.18677/2014-A.Sekar vs. The State Commissioner of Differently Abled Persons, we direct the respondents 1 to 3 to consider the case of the petitioner in the light of the above judgment (cited supra) and frame the policy and do the needful in accordance with law. We make it clear that the petitioner is not entitled to either increase the size of the bunk shop or to spread beyond the periphery of the bunk till it is considered by the respondents on a policy decision.

5. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssk.

To:

1 The State Commissioner for Differently Abled O/o. State Commissioner for Differently Abled J.N.Ring Road Chennai-600 078 2 The Secretary to Government Local Administration Department Government of Tamilnadu Fort St. George Chennai-600 009

3 The Commissioner Corporation Of Chennai Rippon Buildings Chennai-600 003 +1 cc to Mr.A.Nagarajan Advocate sr 48361 +1 cc to Mr.L.Chandrakumar Advocate sr 48418 +1 cc to Government Pleader sr 48665 W.P.No.28939 of 2016 aa12/09/2016