E.Senthur v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2023
CORAM
THE HONOURABLE Mrs.JUSTICE J.NISHA BANU and THE HONOURABLE Mrs.JUSTICE N.MALA E.Senthur
...Petitioner
vs 1.The Secretary to Government Local Administration Department Government of Tamilnadu, Fort St.George, Chennai - 600 009.
2.The District Collector, The Office of District Collector, Rajaji Salai, Chennai - 600001 3.The State Special Commissioner for Differently Abled, O/o State Commissioner for Differently Abled, J.N.Ring Road, Chennai -600 078.
4.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 600 003.
5.The Zonal Officer (Zone VI) Corporation of Chennai Puliyanthope, Chennai - 600013.
.... Respondents 1/5
Writ Petition filed under Article 226 of the Constitution to issue a Writ of Mandamus to direct the 4th respondent to consider and pass orders on the petitioner's representation dated 20.08.2023. For Petitioner : Mr.Mohammed Aasif For Respondents : Mr.S.Balamurugan for R1 to R3 Government Advocate Mrs.Ramadevi for R4 and R5 Standing Counsel
O R D E R
(Order of the Court was made by J.Nisha Banu,J) This writ petition has been filed to direct the 4th respondent to consider and pass orders on the petitioner's representation dated 20.08.2023.
2. Learned counsel appearing for the petitioner would submit that the petitioner is a physically disabled person with 75% disability and seeking for allotment of a Bunk Shop or issuing licence for opening Bunk Shop at Saithiya Vani Muthu Nagar, Power Mils Road, Puliayanthope, Chennai - 600012 on the road side as per the Township Vending Committee for Street Vendor Protection of Livelihood Regulation Act 2014 in any place to earn his livelihood. Therefore, he sent a representation dated 20.08.2023 to 2/5
the 4th respondent/ Commissioner, Corporation of Chennai to consider his request for allotment of Bunk Shop, but no action has been taken till date. Hence, the present writ petition.
3.Learned standing counsel appearing for the 4th and 5th respondents submitted that the petitioner had sent a representation dated 20.08.2023 to the 4th respondent/Commissioner, Corporation of Chennai for allotment of Bunk Shop. Now, the period of the earlier Vending Committee has been lapsed and a new Vending Committee has been formed. She further state that the petitioner may give a fresh representation to the new vending committee and it would be suffice if a direction is issued to consider the representation of the petitioner made to the new vending committee, for which, the petitioner is agreeable.
4. Considering the above submissions made by the learned Standing Counsel for the 4th and 5th respondents, without going into the merits of the claim made by the petitioner in the writ petition, we direct the petitioner to make a fresh representation before the new Vending Committee and the new Vending Committee, on receipt of representation from the petitioner, 3/5
shall pass orders on the same on its own merit and in accordance with law as expeditiously as possible. Accordingly, the Writ Petition is disposed of. No costs.
(J.N.B.,J.) (N.M.,J.) 01.12.2023 Index:Yes/No Speaking/Non-speaking order Internet:Yes/No msv To 1.The Secretary to Government Local Administration Department Government of Tamilnadu, Fort St.George, Chennai - 600 009.
2.The District Collector, The Office of District Collector, Rajaji Salai, Chennai - 600001 3.The State Special Commissioner for Differently Abled, O/o State Commissioner for Differently Abled, J.N.Ring Road, Chennai -600 078.
4.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 600 003.
5.The Zonal Officer (Zone VI) Corporation of Chennai Puliyanthope, Chennai - 600013.
4/5
J.NISHA BANU,J.
and N.MALA,J.
msv 01.12.2023 5/5