K.Venkatesan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26849 of 2023 K.Venkatesan
...Petitioner
Vs.
1.The Commissioner Corporation of Chennai Rippon Building Chennai.
2.The Corporation / Zonal Executive Engineer Zone Zone-6 (The Town Vending Committee) Corporation of Chennai Chennai District.
3.V.Prasanth 4.M.Nithya 5.M.Jothi
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 to take appropriate action against the respondents 3 to 5 and also not interfering the petitioner's 1/5
peaceful street vending business and pass orders based on the petitioner's representation on 29.08.2023.
For Petitioner : Ms.K.Keerthi for Mr.K.Prabhakaran For Respondents : Mr.A.S.Ragul Adhithya for Mrs.P.T.Ramadevi Standing Counsel for R1 & R2
O R D E R
The petitioner seeks a direction to the the respondents 1 & 2 to take appropriate action against the respondents 3 to 5 as they interfered with the street vending business of the petitioner by considering his representation dated 29.08.2023.
2. According to the petitioner, he is running a bunk shop near Chinnababu Street, Othavadai Street, Nammalwerpet, Chennai, Zone-6, Chennai Corporation. The first respondent issued an ID Card in the name of the petitioner and his wife for carrying on vending business in the above mentioned place under the provision of Street Vendors (Protection and Regulation) Act, 2014. When the petitioner is carrying on the street vending 2/5
business by getting appropriate permission from the Competent Authority, the respondents 3 to 5 without having any right making attempt to interfere with the vending business of the petitioner.
3. In this regard, the petitioner submitted a representation to the respondents 1 & 2 on 29.08.2023 and the same has not been considered till date. Therefore, the petitioner is before this Court.
4. Mrs.P.T.Ramadevi, learned Standing Counsel appearing for the respondents 1 & 2, on instructions, submitted that the grievance of the petitioner against the private individual cannot be considered by the respondents 1 & 2 and it is for the petitioner to approach the appropriate Authorities.
5. The main grievance of the petitioner is that the respondents 3 to 5 are making illegal attempt to disturb his vending business in the above mentioned place.
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6. In such circumstances, the respondents 1 & 2 are not Competent Authority to consider the request of the petitioner to take action against the respondents 3 to 5. It is for the petitioner to approach the Competent Forum for redressal of his grievance and protection of the right in the manner known to law. Therefore, this Writ Petition is disposed of with liberty to the petitioner to approach the appropriate forum for protection of their right. No costs.
13.09.2023 Index : Yes/No Internet : Yes/No : Yes/No dna To 1.The Commissioner Corporation of Chennai Rippon Building Chennai.
2.The Corporation / Zonal Executive Engineer Zone Zone-6 (The Town Vending Committee) Corporation of Chennai Chennai District.
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S.SOUNTHAR , J.
dna W.P No.26849 of 2023 13.09.2023 5/5