K.Rangalakshmi 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.Rangalakshmi ...
Petitioner in W.P.No.27951/2024 G.Ashok ...
Petitioner in W.P.No.27954/2024 John Britto ...
Petitioner in W.P.No.27955/2024 -Vs1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
... 1st Respondent in all W.Ps
2. The Zonal Officer (Zone V), Corporation of Chennai, Basin Bridge Road, Chennai - 600 021.
... 2nd Respondent in W.P.No.27951/24
3. The Chairperson / Zonal Executive Engineer Zone IX, (The Township Vending Committee), Corporation of Chennai, Chennai - 600 034.
... 2nd Respondent in W.P.Nos.27954 & 27955/24 1/7
PRAYER in W.P.No.27951 of 2024 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the respondents to consider and pass orders on the petitioner's application dated 03.08.2024 made for grant of permission / certificate of vending and till such time not to interfere with the running of the petitioner's bunk shop at Moorthigal Lane, near Jesus Calls Building, Chennai - 600 001, wherein selling fruits and vegetable items.
PRAYER in W.P.No.27954 of 2024 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the respondents to consider and pass orders on the petitioner's application dated 14.08.2024 made for grant of permission / certificate of vending and till such time not to interfere with the running of the petitioner's bunk shop at Binny Road, Door No.770, near Dewa Towers, Chennai - 600 006, wherein selling tea, coffee and food items.
PRAYER in W.P.No.27955 of 2024 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the respondents to consider and pass orders on the petitioner's application dated 14.08.2024 made for grant of permission / certificate of vending and till such time not to interfere with the running of the petitioner's bunk shop near Door No.169/1, Greams Road, Thousand Lights, Opposite to Metro Water Sewerage Pumping Station, Chennai - 600 006, wherein selling tea, coffee and food items.
For Petitioners in all W.Ps :
Mr.L.Chandrakumar For Respondents :
Mr.S.Gobinathan (W.P.No.27951/24) (W.P.No.27954/24):
Ms.K.Aswini Devi Standing Counsel for GCC (W.P.No.27955/24):
Mr.D.B.R.Prabhu Standing Counsel for GCC 2/7
C O M M O N O R D E R (Order of the Court was made by R.SURESH KUMAR, J.) Since the issue raised in all these writ petitions are one and the same, with the consent of the learned counsel appearing for both sides, all these writ petitions have been heard together and are disposed of by this common order.
2. The respective writ petitioners claimed that they have been running bunk shops in the concerned locality as they stated in the applications submitted in format under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for brevity, hereinafter referred to as 'the Act') to the respondents where they have been running these bunk shops for a quite long time and in order to regularize their running of the bunk shops by getting their licence or permission under the Act, they have given applications in the prescribed format.
3. The applications have been submitted by the respective petitioners on 09.08.2024 and 14.08.2024 and the same are yet to be considered and decided. Therefore, in order to consider such applications already been filed to the respondents and to pass orders thereon on merits within a time frame, seeking direction by way of mandamus, these writ petitions have been filed. 3/7
4. We have heard Mr.L.Chandrakumar, learned counsel appearing for the petitioners and Mr.Mr.S.Gobinathan, learned counsel, Ms.K.Aswini Devi, learned Standing Counsel and Mr.D.B.R.Prabhu, learned Standing Counsel appearing for the respondents in the respective writ petitions.
5. The learned Standing Counsel appearing for the respondents would contend that the claim made by the petitioners that they are running bunk shops in the locality which has been classified as Non-Vending Zone. When that being so, it may not be possible for the respondents to permit them to further continue the bunk shops in the Non-Vending Zone. Anyhow, since the applications have been filed by the petitioners in the prescribed format, each of the applications would be considered by the Town Vending Committee of the first respondent and accordingly, a decision on merits to be taken within a stipulated period fixed by this Court.
6. Having regard to the said submissions made by the learned counsel appearing for both sides, this Court is inclined to dispose of these writ petitions with the following orders:
(i) that in each of the writ petitions, the respective representations / applications submitted by the petitioners shall 4/7
be considered by the respondents through the Town Vending Committee and the same shall be decided 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) It is open to the respondents to decide as to whether the location where they claimed to have been located the bunk shops is a Town Vending Zone or Non-Town Vending Zone and accordingly, a decision can be taken by the Town Vending Committee and the same shall be communicated to the petitioners.
(iii) Till such time, if the bunk shops have already been running by these petitioners, it need not be disturbed.
7. With these directions, these Writ Petitions are 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 5/7
To
1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
2. The Zonal Officer (Zone V), Corporation of Chennai, Basin Bridge Road, Chennai - 600 021.
3. The Chairperson / Zonal Executive Engineer Zone IX, (The Township Vending Committee), Corporation of Chennai, Chennai - 600 034.
6/7
R.SURESH KUMAR, J.
and A.D.JAGADISH CHANDIRA, J.
vji 17.02.2025 7/7