R.Sangeetha v. The Chairperson /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR WRIT PETITION NO.26891 OF 2021 R.Sangeetha ....

Petitioner -VsThe Chairperson Zonal Executive Engineer (Zone No.5) The Township Vending Committee Corporation of Chennai Basin Bridge Road Chennai 600 021.

.... 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 the petitioner's representation dated 03.11.2021 as per the provision of the Street Vendors (Protection of Livelihood) Regulation Act, 2014 and till such time not to disturb with the running of the petitioner's bunk shop No.421/422, Pantheon Road, Near Cornioche Complex, Near Roundtana, Egmore, Chennai 600 008, wherein selling Tea, Coffee, Snacks and other food items by using LPG Gas stove.

For Petitioner :

Mr.L.Chandrakumar 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 the petitioner's representation dated 03.11.2021 as per the provision of the Street Vendors (Protection of Livelihood) Regulation Act, 2014 and till such time not to disturb with the running of the petitioner's bunk shop No.421/422, Pantheon Road, Near Cornioche Complex, Near Roundtana, Egmore, Chennai 600 008,

wherein selling Tea, Coffee, Snacks and other food items by using LPG Gas stove.

2. It is the claim of the petitioner that, the petitioner had been running a bunk shop at No.421/422, Pantheon Road, Near Cornioche Complex, Near Roundtana, Egmore, Chennai 600 008 for several years, where she had been selling Tea, Coffee, Snacks and other food items by using LPG Gas stove. The shop is located in a vending zone under the provisions of the Street Vendors (Protection of Livelihood) Regulation Act, 2014 (In short 'the Act').

Though the petitioner has given a representation / application dated 03.11.2021 requesting to conduct enumeration process for issuing ID Card and grant permission / certificate of vending for continuing her bunk shop in the above location, without considering such request, the officials / staff of the respondent Corporation are trying to evict the petitioner. Therefore, her application submitted to the respondent ie., the Chairperson of the Township Vending Committee, Zone-5 is considered and decided within a time frame fixed by this Court, the petitioner will be satisfied.

3. Heard Mr.L.Chandrakumar, learned counsel for the petitioner, who, after reiterating the aforesaid facts, seeks the indulgence of this Court to issue a Mandamus to the respondent to consider the representation of the petitioner on merits within a time frame fixed by this Court and pass orders thereon.

4. Heard Ms.P.T.Ramadevi, learned Standing Counsel appearing for the respondent Corporation, who on instructions would submit that, if at all any representation has been given by the petitioner, the same would be placed in the next meeting of the Town Vending Committee and as per the provisions of the Act, the representation would be considered and decided and depending upon the decision of the Committee, further action would be taken by the respondent Corporation.

5. Having considered the submissions made by the learned counsel for the parties and after having gone through the materials placed before this Court, this Court is inclined to dispose of this writ petition with the following order.R. ● That there shall be a direction to the respondent to consider the representation of the petitioner dated 03.11.2021 under the provisions of the Street Vendors (Protection of Livelihood) Protection Act, 2014 by placing the representation in the next meeting of the Town Vending Committee and after taking a decision, the same can be forwarded to the Chennai Corporation for its further action. It is needless to mention that depending

upon the decision to be taken in the Township Vending Committee, further follow up action can be taken by the respondent Corporation. The aforesaid needful shall be undertaken by the respondent within a period of eight weeks from the date of receipt of a copy of this order. ● Till such time, the petitioner, if at all has been running the bunk shop / street vending business in the location afore stated, shall not be disturbed.

6. With the above direction, this writ petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KST To The Chairperson Zonal Executive Engineer (Zone No.5) The Township Vending Committee, Corporation of Chennai Basin Bridge Road, Chennai 600 021.

+1cc to Mr.R.Kamaraj, Advocate, S.R.No.68387 +1cc to Ms.P.T.Ramadevi, Advocate, S.R.No.68566 W.P.No.26891 of 2021 SSI(CO) PM/07/01/2022