S.Aravind v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2021 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.26479 of 2021 S.Aravind ...
Petitioner -Vs1.The Commissioner Greater Chennai City Municipal Corporation Chennai.
2.The Chair Person Zonal Executive Engineer Zone No.9 (The Township Vending Committee) Greater Chennai City Municipal Corporation Chennai 600 034.
...
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider and pass orders on petitioner representation dated 25.10.2021 as per the provisions of the Street Vendors (Protection of Livelihood Regulation ) act 2014 made for granting permission certificate of vending and til such time not to disturb with the running of the running puncture shop in a Hand Cart / Pushcart Puncture shop at Near Hobert Higher Secondary School whites Road Chennai- 600 014. For Petitioner : Mr.G.Sri Venkatesh For Respondents : Ms.P.T.Ramadevi Standing Counsel
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondent to consider and pass orders on petitioner representation dated 25.10.2021 as per the provisions of the Street Vendors (Protection of Livelihood Regulation ) Act, 2014 made for granting permission / certificate of vending and till such time not to disturb with the running of the running puncture shop in a Hand Cart / Pushcart Puncture shop Near Hobert Higher Secondary School whites Road Chennai- 600 014.
2. The case of the petitioner is that, the petitioner is a differently abled person and he is having a push cart, wherein
he is running a small puncture shop near Hobert Higher Secondary School, Whites Road, Chennai- 600 014. Though the petitioner had been running the said push cart shop for some years, recently the Chennai Corporation officials or staff are very often making visit and interfering with the continuous running of the push cart business at the said place.
3. In this regard, as per the earlier order passed by this Court, since the power to grant the street vending license is vested only with the Street Vending or Town Vending Committee constituted under the Street Vendors (Protection of Livelihood Regulation) Act 2014, the petitioner, in order to get such permission or vending certificate, had made a request on 25.10.2021 to the second respondent, who is the Chairman of the Town Vending Committee, Zone-IX of the Greater Chennai Corporation and since the said representation has not yet been considered, the petitioner has approached this Court by filing the present writ petition with the aforesaid prayer.
4. Reiterating the aforesaid facts, the learned counsel for the petitioner seeks the indulgence of this Court by way of a direction to the second respondent to consider his representation and pass orders thereon.
5. Heard Ms.P.T.Ramadevi, learned Standing Counsel appearing for the respondents, who, on instructions would submit that, if the petitioner has given any application or representation dated 25.10.2021, the same would be placed before the second respondent during the next meeting of the Committee and accordingly decision would be taken as to whether the permission sought for by the petitioner can be granted or not.
6. Considering the limited scope of the prayer and having regard to the said submission made by the learned counsel for the parties, this Court is inclined to dispose of this writ petition with the following order.
"That there shall be a direction to the second respondent to consider the representation of the petitioner dated 25.10.2021 and pass orders thereon on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order."
7. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar
KST To 1.The Commissioner Greater Chennai City Municipal Corporation Chennai.
2.The Chair Person Zonal Executive Engineer Zone No.9 (The Township Vending Committee) Greater Chennai City Municipal Corporation, Chennai 600 034. +1 cc to G.Sri Venkatesh, Advocate Sr.NO. 67598 +1 cc to Ms.P.T.Ramadevi ., Advocate Sr.NO. 66525 W.P.No.26479 of 2021 ca(CO) A.SK(01.01.2022)