A.Nandagopal v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2019
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.Nos.30049, 30052 & 30062 of 2019 and W.M.P.Nos.29976, 29980 & 29995 of 2019 W.P.No.30049/2019 A.Nandagopal .. Petitioner /versus/
1. The Government of Tamil Nadu, Rep.by the Secretary Local Administration Department,
2. The Commissioner,
3. The Chairman/Assistant Commissioner, .. Respondents W.P.No.30052/2019 A.Maria Jonafa .. Petitioner /versus/
1. The Government of Tamil Nadu, Rep.by the Secretary Local Administration Department,
2. The Commissioner,
3. The Chairman/Assistant Commissioner, Zone-VIII, Corporation of Chennai, Pulla Avenue, Shenoy Nagar, Chennai-600 030.
.. Respondents W.P.No.30062/2019 M.Raji .. Petitioner /versus/
1. The Government of Tamil Nadu, Rep.by the Secretary Local Administration Department,
2. The Commissioner,
3. The Chairman/Assistant Commissioner, .. Respondents PRAYER in W.P.No.30049/2019: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of Writ of Mandamus, directing the 2nd respondent and his officials, servants from in any manner interfering with the running of petitioner's bunk shop at Rukmani Lakshmipathy Road, near Corporation of Chennai Mayor Sundarrao Park, opposite to Air India Office, Egmore, Chennai-600 008, pending consideration of petitioner representation dated 27.08.2019 by the 3rd respondent Town Vending Committee.
PRAYER in W.P.No.30052/2019: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of Writ of Mandamus, directing the 2nd respondent and his officials, servants from in any manner interfering with the running of petitioner's bunk shop at Mayor Ramanathan Street, near D.No.83, Meenakshi Flats, opposite to Coovam River Bank, Chetpet, Chennai-600 031, pending consideration of petitioner representation dated 04.09.2019 by the 3rd respondent Town Vending Committee.
PRAYER in W.P.No.30062/2019: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of Writ of Mandamus, directing the 2nd respondent and his officials, servants from in any manner interfering with the running of petitioner's bunk shop at Blockers Road, near Gaiety complex, opposite to BSNL Telephone Exchange, Chintadripet, Anna Salai, Chennai-600 002, pending consideration of petitioner representation dated 04.09.2019 by the 3rd respondent Town Vending Committee.
For Petitioner in all WPs : Mr.S.Pushapakaran For Respondents in all WPs : Mr.J.Purushothaman, GA for R1 Mrs.Karthika Ashok, St.c. for R2 & R3 COMMON ORDER By consent, the main writ petition is taken up for final disposal at the admission stage itself.
2. The petitioners herein are claiming themselves as disabled persons and seek permission to put up bunk shop in a particular place and after making a representation, now approached this Court by way of writ petition seeking Mandamus.
3. The Tamil Nadu Street Vendors Act, 2014, has drawn a scheme for rehabilitating the existing street vendors. The Corporation has already completed the exercise of enumerated the existing street vendors and it is in the process of allotting space to them in the identified locations. As far as the petitioners are concerned, they have put up the shop in a place where the bunk shops are not permitted and that too after the completion of enumeration. Hence, their request in the writ petition cannot be acceded. In the event of future allocation of shops, the application of the petitioners shall be considered by the committee taking note of the physical disability of the petitioners herein.
4. Accordingly, these writ petitions are disposed of. Consequently, the connected miscellaneous petitions are also closed. No costs.
s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar
To 1.The Secretary Local Administration Department, The Government of Tamil Nadu, 2.The Commissioner, 3.The Chairman/Assistant Commissioner, 4.The Chairman/Assistant Commissioner, Zone-VIII, Corporation of Chennai, Pulla Avenue, Shenoy Nagar, Chennai-600 030.
+3 CCS to Mr.S.Pushapakaran, Advocate sr 88118, 88119, 88120. +1 CC to The Govt. Pleader sr 88733.
W.P.Nos.30049, 30052 & 30062 of 2019 and W.M.P.Nos.29976, 29980 & 29995 of 2019 BP(CO) SP(29/11/2019)