Madras High CourtWP/25766/2021disposed of

Alex v. The Special Commissioner

2021-12-03Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P. No. 25766 of 2021 Alex ... Petitioner -vs1. The Special Commissioner, For Handicapped, Office of the State Commissioner of Disabled, No.5, Lady Wellington College Campus, Kamarajar Salai, Triplicane, Chennai - 600 005.

2. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3. The Commissioner of Police, Commissioner Office, Vepery, Chennai - 600 007.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the second respondent to dispose of the petitioner's representation dated on 13.07.2021, issuance of License for bunk shop on the line of North Boag Road by the side Kovai Pazhamudir Nilayam, T.Nagar, Chennai, selling Old books. For Petitioner : Mr.T.Balachandran For Respondents : M/s.P.T.Ramadevi Standing counsel for R2 Mrs.R.L.Karthika Government Advocate for R3

O R D E R

The prayer sought for herein is for Writ of Mandamus directing the second respondent to dispose of the petitioner's representation dated on 13.07.2021, for issuance of License for bunk shop on the line of North Boag Road by the side Kovai Pazhamudir Nilayam, T.Nagar, Chennai, for selling Old books.

2. That the petitioner is a physically disabled person with 80% disability as one of his legs had been amputated. With that disability, the petitioner was running a small old book selling shop at North Boag Road next to Kovai Pazhamudir Nilayam, T.Nagar, Chennai.

3. For running the said bunk shop or street vending business, the petitioner admittedly did not get any licence or permission from the respondent Corporation or the Street Vending Committee constituted under the Street Vendors (Protection of Livelihood) Regulation Act, 2014.

4. However, the petitioner had given a representation on 13.07.2021 to the first respondent, who, is the the Special Commissioner for Differently Abled, Office of the State Commissioner For Differently Abled, Chennai. Since the said representation had not been considered and no direction had been given by the first respondent to the second respondent Corporation, to consider such representation for the purpose of grant of permission for his Street Vending Business, he has approached this court and filed the present writ petition.

5. Mr.T.Balachandran, the learned counsel for the petitioner having reiterated the aforesaid facts has submitted that, if the said representation is directed to be considered by the respondents, the petitioner would be satisfied.

6. However, Mrs.P.T.Ramadevi, learned Standing counsel appearing for second respondent i.e., Chennai Corporation, would submit that, insofar as the permission sought for to run street vending business of the petitioner, he has to make an application to the Street vending committee constituted in this regard and no such application seems to have been given and no such application had been forwarded to the second respondent Corporation so far, for making further onward forwarding to the Street Vending Committee for necessary consideration in their next meeting.

7. Therefore, the learned Standing counsel would submit that, unless he makes an application properly to the appropriate authority ie., Street Vending Committee, the request of the

petitioner though had been given to the first respondent, may not be feasible for compliance as the Committee seems to have no knowledge about the representation of the petitioner.

8. The same view has been expressed by Ms.R.L.Karthika, learned Government Advocate appearing for first and third respondents.

9. I have considered the said submissions made by the learned counsel for both the parties and perused the materials placed on record.

10. In view of the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, since, the Street Vending Committee has already been constituted, which time and again is taking decision as to whether a particular area or street under the second respondent Corporation limit can be permitted to have a Street Vending business or not and in this regard in every zone, certain area or streets are declared to be permissible area, like that some of the areas or streets are declared to be non-permissible area. Whether the particular area where the petitioner is already running a shop and now seeks for permission, is a permissible area or not has to be decided only by the Street Vending Committee. Therefore, in this regard, the necessary application has to be submitted by the petitioner to the Street Vending Committee, with a copy marked to the second respondent i.e., The Commissioner of Corporation of Chennai.

11. In that view of the matter, this Court is inclined to pass the following order in this writ petition: (i) That the petitioner should make an application in a prescribed format to the Street Vending Committee Constituted under the Street Vendors (Protection of Livelihood) Regulation Act, 2014 and on receipt of the same, the second respondent shall forward the same to Street Vending committee who on receipt of either directly from the petitioner as indicated above or from the second respondent who forwards the same, shall take a decision as to the request of the petitioner and accordingly, that can be communicated to the second respondent for further action with regard to the permission for the petitioner or otherwise to have his Street Vending business. (ii) The needful as indicated above shall be undertaken by the second respondent /

Street Vending Committee within a period of six weeks from the date of receipt of copy of this order.

12. With these direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar rap/kst To

1. The Special Commissioner, For Handicapped, Office of the State Commissioner of Disabled, No.5, Lady Wellington College Campus, Kamarajar Salai, Triplicane, Chennai - 600 005.

2. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3. The Commissioner of Police, Commissioner Office, Vepery, Chennai - 600 007.

Copy to: The Street Rending Committee, Zone-9, Corporation of Chennai, Chennai.

+1cc to M/s.P.T.Ramadevi, Advocate SR.No.63918 +1cc to Mr.T.Balachandran, Advocate SR.No.63668 +1cc to the Government Pleader, SR.No.63774 W.P. No. 25766 of 2021 RSI(CO) CB(03/01/2022)