Rajendran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 2.9.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.30750 of 2016 Rajendran Petitioner

Versus

The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003 Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondent, his officials, servants from in any manner interfering with the running of the petitioner's bunk shop at No.102, NSC Bose Road, Kuralagam, Near BSNL Office, and near KJR Snacks, Chennai 600 001 by selling Tea, Coffee and other Juice items, till the Township Vending Committee decides as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act.

For petitioner : Mr.T. Muthamilselvi For Respondent : Mr.V.C.Selvasekaran

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 respondent, his officials, servants from in any manner interfering with the running of the petitioner's bunk shop at No.102, NSC Bose Road, Kuralagam, Near BSNL Office, and near KJR Snacks, Chennai 600 001 by selling Tea, Coffee and other Juice 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 tea, coffee and 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 the 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 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 respondent 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 respondent on a policy decision.

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

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssk.

To:

The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003 +1cc to Mr.A. Nagarajan, Advocate, S.R.No.50117 +1cc to Mr.T. Muthamilselvi, Advocate, S.R.No.49929 W.P.No.30750 of 2016 SV(CO) EU 28.09.16