K.Pandi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2025
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA K.Pandi ...
Petitioner -Vs1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
2. The Chairperson / Executive Engineer, Township Vending Committee Zone XIII, Corporation of Chennai, Chennai - 600 020.
...
Respondents PRAYER : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, forbearing the respondents from interfering with the running of the petitioner's bunk shop located near Taramani bus stop, till the petitioner's representation dated 12.04.2024 is considered and decided as per provisions of the Rights of Persons with Disabilities Act, 2016 and the Street Vendors (Protection of Livelihood Regulation) Act, 2014 by the respondents. For Petitioner :
Mr.M.Karpagam For Respondents :
Mrs.K.Ashwini Devi Standing Counsel
O R D E R
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(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for in this writ petition is for a writ of mandamus forbearing the respondents from interfering with the running of the petitioner's bunk shop located near Taramani bus stop, till the petitioner's representation dated 12.04.2024 is considered and decided as per provisions of the Rights of Persons with Disabilities Act, 2016 and the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 by the respondents.
2. It is the claim of the petitioner that the petitioner has already been running a bunk shop in Taramani Bus Stand, i.e., 5C Bunk shop in Taramani Bus Stand coming under the jurisdiction of the respondents.
3. It is the further contention of the learned counsel appearing for the petitioner that, recently the official respondents have made an attempt to evict the petitioner's bunk shop. Therefore, in order to get protection under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for brevity, hereinafter referred to as 'the Act'), the petitioner had given a representation to the respondents on 12.04.2024 and the said representation since has not been considered, the petitioner approached this Court seeking for a 2/6
mandamus as stated supra.
4. Heard Mrs.K.Ashwini Devi, learned Standing Counsel appearing for the respondents who would submit that, whether the bunk shop has already been located in the particular locality or not would be verified by making an inspection and insofar as the representation is concerned, that would be considered by the second respondent who is the Town Vending Committee in accordance with the provisions of the Act and accordingly, it would be disposed of on merits and in accordance with law within a time frame that may be stipulated by this Court.
5. Having regard the said submissions made by the learned counsel appearing for both sides, this Court is inclined to dispose of this writ petition with the following orders:
(i) that there shall be a direction to the second respondent to consider the representation of the petitioner dated 12.04.2024 and decide the same on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.
(ii) In the meanwhile, it is open to the respondents to have an inspection to verify whether the bunk shop as claimed 3/6
by the petitioner has already been located and if so, the status quo as on today shall be maintained. If there is no bunk shop, the petitioner need not be permitted to freshly locate any bunk shop in that locality.
6. With these observations and directions, this Writ Petition is disposed of. However, there shall be no order as to costs. (R.S.K., J.) (A.D.J.C., J.) 17.02.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The Commissioner, Greater Chennai Corporation, 4/6
Rippon Building, Chennai - 600 003.
2. The Chairperson / Executive Engineer, Township Vending Committee Zone XIII, Corporation of Chennai, Chennai - 600 020.
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R.SURESH KUMAR, J.
and A.D.JAGADISH CHANDIRA, J.
vji 17.02.2025 6/6