M.Venkatesh v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M.Venkatesh ... Petitioner -vs1. The Collector, Singaravelar Maaligai, No. 62, Rajaji Salai, Chennai Collectorate, Chennai - 600001.

2. The Commissioner of Corporation, Rippon Buildings, Chennai - 600003.

3. The Chairman, Zone - 5, Street Vending Committee, Corporation of Chennai, Basin Bridge Road, Chennai - 600021.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to consider the Petitioner's representation dated 08.08.2023 and dispose the same within a time frame and grant a license to the Petitioner and permit the Petitioner to run a petty shop at Varadhapuram, Near Dashprakash Hotel, Egmore, Chennai - 600008 or any other place near to the Petitioner's residence. 1/5

For Petitioner : Mr. C.D.Modhi For Respondents : Mr. S.J.Mohamed Sathik, Government Advocate (for R1 Mrs. P.T.Ramadevi (for R2 & R3)

O R D E R

Heard Mr. C.D.Modhi, Learned Counsel for the Petitioner, Mr. S.J.Mohamed Sathik, Learned Government Advocate appearing for the First Respondent and Mrs. P.T.Ramadevi, Learned Counsel for the Second and Third 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 08.08.2023 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 Collector, Singaravelar Maaligai, No. 62, Rajaji Salai, Chennai Collectorate, Chennai - 600001.

2. The Commissioner of Corporation, Rippon Buildings, Chennai - 600003.

3. The Chairman, Zone - 5, Street Vending Committee, Corporation of Chennai, Basin Bridge Road, Chennai - 600021.

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P.D. AUDIKESAVALU, J.

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