← Library
Madras High CourtWP/27092/2023disposed of

Vimalraj v. The Commissioner,

2023-09-14Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.27092 of 2023 and W.M.P.No.26537 of 2023 Vimalraj

...Petitioner

Vs.

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

2. The Executive Engineer/Chairperson Township Vending Committee, Ambattur, Chennai - 600 053.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to issue food trunk license and issue the same in the name of "Jack Kitchen situated at 1/6

Compound wall of Post Office, Thirumangalam, Park Road, Anna Nagar West Extension, Chennai - 600 101 consider under the provisions of Street Vendors (Protection of Livelihood Regulation) Act, 2014 based on the petitioner's representation dated 26.05.2023.

For Petitioner : Ms.S.Vinodha For Respondents : Mr.A.S.Ragul Adhithya for Mrs.P.T.Ramadevi Standing Counsel (GCC)

O R D E R

The petitioner herein seeks a direction to the second respondent to consider the representation of the petitioner dated 26.05.2023 seeking license for running a bunk shop near the Compound wall of Post Office, Thirumangalam, Park Road, Anna Nagar West Extension, Chennai -600 001 in the name and style of "Jack Kitchen".

2. Mrs.P.T.Ramadevi, learned Standing Counsel takes notice for the respondents.

2/6

3. It is the case of the petitioner that he is running a bunk shop in the above mentioned place for more than three years selling food items. It is also seen from the documents furnished by learned counsel for the petitioner that the petitioner has been issued with necessary Identity Card by the Chennai Corporation for vending in Thirumangalam, Park Road, Anna Nagar West Extension, Chennai. It is also stated by the petitioner that the respondent officials have no right to disturb the petitioner from carrying on his vending business in the above mentioned place. Therefore, the petitioner submitted a representation to the respondents on 26.05.2023 seeking permission to run bunk shop in the above mentioned place.

4. Mrs.P.T.Ramadevi, learned Standing Counsel appearing for respondents submits that representation of petitioner will be considered on merits.

5. In view of the said submissions made by the learned counsel for the petitioner and respondents, without expressing any opinion on the 3/6

merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the representation of the petitioner dated 26.05.2023 and pass 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 such time, the petitioner's possession shall not be disturbed.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 14.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 4/6

To

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

2. The Executive Engineer/Chairperson Township Vending Committee, Ambattur, Chennai - 600 053.

5/6

S.SOUNTHAR , J.

dna W.P No.27092 of 2023 and W.M.P.No.26537 of 2023 14.09.2023 6/6