K.Udhaya Kumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU K.Udhaya Kumar ... Petitioner -vs1. The Commissioner, Differently abled Welfare Commission, Lady Welington Complex, Kamarajar Road, Chennai - 600005.

2. The District Differently abled Welfare Officer, D.M.S. Complex, Teynampet, Chennai - 600018.

3. The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai - 600003.

4. The Zonal Officer, Zone - 8, Shenoy Nagar, Chennai - 600030.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Third and Fourth Respondents grant a permission to setup a small petty bunk shop based on the representation of the Petitioner dated 09.09.2023. 1/5

For Petitioner : Mr. D.Ashok Kumar For Respondents : Mr. U.Bharanidharan, Additional Government Pleader (for R1 & R2) Mrs. P.T.Ramadevi (for R3 & R4)

O R D E R

Heard Mr. D.Ashok Kumar, Learned Counsel for the Petitioner, Mr. U.Bharanidharan, Learned Additonal Government Pleader appearing for the First and Second Respondents and Mrs. P.T.Ramadevi, Learned Counsel for the Third and Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner, who is differently abled, had made a representation dated 09.09.2023 to the Respondents for granting permission to run a bunk shop as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, but as it did not evoke any response, it has necessitated the filing of this Writ Petition.

3.

Learned Counsel appearing for the Respondents, on instructions, states that the procedure for granting permission to street vendors is governed by the 2/5

Tamil Nadu Street Vendors (Protection of Livelihood, Regulation of Street Vending and Licensing) Scheme, 2015 (hereinafter referred to as 'the Scheme' for short) and the town vending committee for the city of Chennai is now in place. In terms of that scheme, Learned Counsel for the Respondents has handed over the prescribed Form-III in terms of Rule 4(2) of the Scheme to Learned Counsel for the Petitioner in Court today, which is required to be filled up and submitted by the Petitioner with supporting documents to the concerned authority for further course of action in that regard. In such circumstances, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law.

In the result, the Writ Petition is disposed with the aforesaid observations. No costs.

01.11.2023 kv Index: Yes/No Note: Issue order copy by 31.05.2024.

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To

1. The Commissioner, Differently abled Welfare Commission, Lady Welington Complex, Kamarajar Road, Chennai - 600005.

2. The District Differently abled Welfare Officer, D.M.S. Complex, Teynampet, Chennai - 600018.

3. The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai - 600003.

4. The Zonal Officer, Zone - 8, Shenoy Nagar, Chennai - 600030.

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P.D. AUDIKESAVALU, J.

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