Visalatchi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.27090 of 2023 and W.M.P.No.26535 of 2023 Visalatchi

...Petitioner

Vs.

1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Chairman, 3.The Zonal Assistant Commissioner, 4.The License Inspector, No.45, M C Road, Royapuram, Chennai - 600 013.

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5.The Assistant Revenue Officer,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to dispose the petitioner's representations on dated 28.05.2023 and 01.07.2023 to allot a permanent vending place for them in the market as allocated to other street vendors even on the occasion of removing the vendors if the Government bodies plan for any smart city or any development plans and till such time of disposing the petitioners representation/complaint ensure a allocated vending place for their livelihood.

For Petitioner : Mr.N.Gokula Rao For Respondents : Mr.E.C.Ramesh Standing Counsel (GCC)

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 5, dispose the petitioner's representations dated 28.05.2023 and 01.07.2023 and allot a permanent vending place for the petitioner. The petitioner also seeks a 2/6

direction to the respondents not to disturb the petitioner's right to carry on the business till the consideration of his representation. 2.According to the petitioner, she has been carrying on street vending at MC Road, Chennai. It is further stated by the petitioner that she has been identified as a Street Vendor by the 1st respondent Corporation and she has been already issued with ID Card permitting her to sell cloths at MC Road. It is the case of the petitioner that some third parties are interfering with the right to carry on the business with convenience of the officials. In this regard, she submitted a representations on 28.05.2023 and 01.07.2023, requesting the respondents to allot a permanent vending place for her and the same has not been considered till date.

3.Mr.E.C.Ramesh, learned Standing Counsel (GCC) taking notice for the respondents, on instructions, submits that the representation of the petitioner will be considered in accordance with law. 4.In view of the stand taken by the learned Standing Counsel appearing for the respondents, this Court without expressing any opinion on the merits of 3/6

the claim made by the petitioner, is inclined to direct the 2nd respondent to consider the representation of the petitioner dated 01.07.2023 and pass final orders on merits and in accordance with law within a period of six weeks from the date of receipt of copy of this order. Till the representation of the petitioner is considered, the petitioner's possession shall not be disturbed. 5.With the above directions, the writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 15.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti 4/6

To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Chairman, 3.The Zonal Assistant Commissioner, 4.The License Inspector, No.45, M C Road, Royapuram, Chennai - 600 013.

5.The Assistant Revenue Officer, 5/6

S.SOUNTHAR , J.

nti W.P No.27090 of 2023 15.09.2023 6/6