M.P.Baskar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.31243 of 2022 & WMP.No.30688 of 2022 M.P.Baskar ... Petitioner Vs
1. The Commissioner, Greater Chennai Corporation, Chennai.
2. The Zonal Officer, Zone - 13, Corporation of Chennai, No.15, Muthulakshmi Salai, Adayar, Chennai - 600 020.
3. The Chairman/Zonal Executive Engineer, Town Vending Committee Zone 13, Corporation of Chennai, No.15, Muthulakshmi Salai, Adayar, Chennai - 600 020.
4. The State Commissioner of Differently Abled, O/o.the State Commissioner of Differently Abled, Kamaraja Salai, Chennai - 600 005.
... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents 1 to 3 to consider petitioner's representation dated 08.11.2022 and direct the town vending 1/5
committee/3rd respondent to convene its meeting and consider petitioner case for running push card shop near T.V.H. Corner, near M.R.C. Nagar, R.A. Puram, Chennai - 600 028 opposite to Padmalaya Tower as per "The Street Vendors [Protection of livelihood Regulation] Act, 2014. Petitioner : Mrs.P.T.Ramadevi - R1 to R3 Respondents : Mrs.R.Anitha Special Government Pleader - R4
ORDER
This Writ Petition has been filed to direct the respondents 1 to 3 to consider petitioner's representation dated 08.11.2022 and direct the town vending committee/3rd respondent to convene its meeting and consider petitioner case for running push card shop near T.V.H. Corner, near M.R.C. Nagar, R.A. Puram, Chennai - 600 028 opposite to Padmalaya Tower as per "The Street Vendors [Protection of livelihood Regulation] Act, 2014.
2. The case of the petitioner is that the petitioner was running a shop in push cart near No.17, Padmalaya Town Opposite, T.V.H.Corner near 2/5
M.R.C.Naar, Chennai - 600 028 and the petitioner has enrolled his name with the respondent corporation seeking license/permission to do business in the above location. It is the further case of the petitioner that despite the request of the petitioner is pending with the respondent, the officials of the respondent corporation had indulged in dispossessing the petitioner from the location and disturbing the petitioner from running the shop. Earlier, the petitioner filed a Writ Petitions in W.P.22828 of 2016 and the said Writ Petition was considered by this Court by its Order dated 05.04.2017 and directed the third respondent to consider the representation of the petitioner in an appropriate manner and pass Order. Inspite of the Order of this Court, the respondent has rejected the request of the petitioner. Hence, the present Writ Petition.
3. It is the contention of the learned counsel appearing for the respondents is that the Vending Committee earlier formulated has been quashed. Now, constitution of Vending Committee is under process.
4. In such view of the matter, the petitioner has to wait till the Vending Committee is constituted. Once, the Vending Committee is 3/5
constituted, the respondent shall place the representation of the petitioner before the Vending Committee and the Vending Committee shall consider the same as per law within a period of one month.
5. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 21.12.2022 vrc To
1. The Commissioner, Greater Chennai Corporation, Chennai.
2. The Zonal Officer, Zone - 13, Corporation of Chennai, No.15, Muthulakshmi Salai, Adayar, Chennai - 600 020.
3. The Chairman/Zonal Executive Engineer, Town Vending Committee Zone 13, Corporation of Chennai, No.15, Muthulakshmi Salai, Adayar, Chennai - 600 020.
4. The State Commissioner of Differently Abled, O/o.the State Commissioner of Differently Abled, Kamaraja Salai, Chennai - 600 005.
4/5
N.SATHISH KUMAR, J.
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