E.Loganathan, Running Bunk v. The State Commissioner For
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.35526 to 35528 of 2016 E.Loganathan .. Petitioner in WP:35526/2016 C.Praveen Kumar .. Petitioner in WP:35527/2016 E.Anand .. Petitioner in WP:35528/2016 Vs.
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 Rippon Buildings Chennai - 600 003. .. Respondents 1 and 2 in all writ petitions
3. The DRO/Zonal Officer-XIII (Zone-XIII) Corporation of Chennai No.115, Dr.Muthulakshmi Salai Chennai - 600 020.
.. 3rd respondent only in W.P.No.35528/2016 PRAYER in W.P.No.35526 of 2016: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to forbear the second respondent, their officials, servants from in any manner interfering with the running of the petitioner's bunk shop opposite to Singer Sales & Service, No.23, Sarasvathy Square, Perambur High Road, Perambur, Chennai - 600 011, wherein they are 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.
PRAYER in W.P.No.35527 of 2016: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to forbear the second respondent, their officials, servants from in any manner interfering with the running of the petitioner's bunk shop at Club House Road, near Aavin Booth, opposite to Senthur Hotel, Chennai - 600 002, wherein they are 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.
PRAYER in W.P.No.35527 of 2016: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to forbear respondents 2 and 3, their officials, servants, representatives from in any manner interfering with the running of the petitioner's bunk shop at Janaki Avenue, Chaitanya Apartment Compound, Chennai - 600 028, wherein they are selling tea, coffee, food and other snack items pursuant to the proceedings dated 27.9.2016 passed by the third respondent, till the Township Vending Committee decides the matter. For Petitioners : Mr.L.Chandrakumar For Respondents : Mr.M.K.Subramanian Government Pleader for 1st respondent in all writ petitions Mr.A.Nagarajan for 2nd respondent in all writ petitions and 3rd respondent in W.P.No.35528 of 2016
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) On hearing the learned counsel for parties, we direct the representations of the petitioners in W.P.Nos.35526 and 35527 of dated 21.9.2016 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 3.9.2015 in a batch of writ petitions in W.P.No.18677 of 2014, etc. - there cannot be an absolute license for the bunk shops to do as they please.
2. The petitioner in W.P.No.35528 of 2016 has not made any representation. His case shall also be considered in the light
of the observations made in paragraph (6) of our order dated 3.9.2015 in a batch of writ petitions in W.P.No.18677 of 2014, etc.
3. The writ petitions are disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar 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 Rippon Buildings Chennai - 600 003.
+3cc to M/S.L.Chandrakumar, Advocate Sr.58063 +1cc to Mr.A.Nagarajan, Advocate Sr.57955 +1cc to the Government Pleader Sr.58087 W.P.No.35526 to 35528 of 2016 ppa[co] srg 21/10/2016