S.Jagatheeswari, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.28672 of 2023 S.Jagatheeswari

...Petitioner

Vs.

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

2.The Chairperson/ Zonal Executive Engineer, Zone No. (The Town Vending Committee) Corporation of Chennai, Chennai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 07.08.2023, as per the provisions at the Street Vendors (Protection of livelihood Regulation) Act 2014, made for granting permission/certificate of vending and till such time not to disturb with the running of the Petitioner's bunk shop at Medavakkam Water Tank Road, ESI Hospital Main Gate Right Side, Ayyanavaram, Chennai - 23 wherein selling Tea, Coffee, Juice, Cool drinks and chat and Food Tiffin 1/4

items by using LPG Gas Stove.

For Petitioner : Mr.A.Elamparithi For Respondents : Mr.H.Sujitha for Ms.P.T.Ramadevi Standing Counsel for GCC.

O R D E R

The petitioner herein seeks a direction to the respondents to consider the representation of the petitioner dated 07.08.2023 as per the provisions of the the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and grant permission to the petitioner to run a bunk shop at Medavakkam Water Tank Road, ESI Hospital Main Gate Right Side, Ayyanavaram, Chennai - 23. 2.It is the case of the petitioner that she is running a bunk shop in the above mentioned place and she is selling Tea, Coffee and other food items. The petitioner submitted a representation to the 2nd respondent on 07.08.2023, seeking permission of the respondent Corporation for running a bunk shop in the above mentioned place as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and the same has not been considered till date.

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3.Mr.H.Sujitha for Ms.P.T.Ramadevi, learned Standing Counsel (GCC) who is taking notice for the respondents on instructions, submits that the representation of the petitioner will be considered and disposed of in accordance with law within the time stipulated by this Court. 4.In view of the stand taken by the learned Standing Counsel for the respondents, this Court without expressing any opinion on the merits of the claim made by the petitioner, is inclined to direct the 2nd respondent to consider the representation of the petitioner dated 07.08.2023 and pass final orders on merits and in accordance with law within a period of 6 weeks from the date of receipt of copy of this order. Till such time, the possession of the petitioner shall not be disturbed.

5.With the above directions, the writ petition stands disposed of. No costs.

29.09.2023 (2/2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dpa/nti 3/4

S.SOUNTHAR , J.

dpa/nti To 1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.

2.The Chairperson/ Zonal Executive Engineer, Zone No. (The Town Vending Committee) Corporation of Chennai, Chennai District.

W.P No.28672 of 2023 29.09.2023 4/4