K.Dhakshinamoorthy, v. The State Commissioner For

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2016

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.34682 and 34683 of 2016 K.Dhakshinamoorthy ... Petitioner in WP.34682 of 2016 Nirmala ... Petitioner in WP.34683 of 2016

Versus

1.The State Commissioner for Differently Abled, O/o. State Commissioner for Differently Abled, J.N.Ring Road, Chennai 600 078.

2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600003.

... Respondents in WP.34682 of 2016 and R1 & R2 in WP.34683 of 2016 3.The Administrative Director, SIDCO Small Factory Industrial Estate, Ambattur, Chennai 600 058.

... R3 in WP.No.34683 of 2016 Petitions filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, forbearing the 2nd respondent, their officials, servants from in any manner interfering with the running of the petitioner's bunk shop at South Indian Film Chamber No.16-0153, Habibulla Road, Opp. To Pingking House, T.Nagar, Chennai 600 017 and bunk shop just opposite to HIRCO company, Battar Company, No.3/86-E, ATC Road, 2nd Main Road, Ambattur Estate, Chennai 600 058, wherein selling tea, coffee and other food items, till the Township Vending Committee decides as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act respectively.

For Petitioner : Ms.N.R.Jasmine Padma For Respondents : Mr.C.Manishankar Additional Advocate General assisted by Mr.A.Nagarajan for R2 : Mr.M.K.Subramanian, Government Pleader for R1 C O M M O N O R D E R (The Order of the Court was made by The Hon'ble The Chief Justice) On hearing the learned counsel for the parties, we direct that the representation of the petitioners dated 17.09.2016 be disposed of by the respondents/authorities within one month of the receipt of the order, especially keeping in mind the observations made in paragraph-6 of our order dated 03.09.2015 in a batch of writ petitions in W.P.No.18677 of 2014 and batch --there cannot be an absolute license for the bunk shops to do as they please.

2. We may notice that the non setting up of the vending committee is causing havoc, but there seems to be inaction on the part of the authorities.

3. The writ petition accordingly stand disposed of, leaving the parties to bear their own costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ksr To 1.The State Commissioner for Differently Abled, O/o. State Commissioner for Differently Abled, J.N.Ring Road, Chennai 600 078.

2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai 600003.

3.The Administrative Director, SIDCO Small Factory Industrial Estate, Ambattur, Chennai 600 058.

+2cc's to Mr.L.Chandrakumar, Advocate, S.R.Nos.57603 & 57602 +1cc to Mr.A.Nagarajan , Advocate, S.R.No.57951 +1cc to the Government Pleader, S.R.No.57743 W.P.Nos.34682 and 34683 of 2016 SM(CO) CA(19/10/2016)