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Madras High CourtWP/31024/2019disposed of

R.Sivabalan v. The Commissioner,

2019-11-04Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2019

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.31024 of 2019 R.Sivabalan .. Petitioner /versus/ 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai-600 003.

2.The Zonal Officer, 10th Zone, Chennai Corporation, New No.117, Old No.64, Near Power House Bus Stand, Kodambakkam, Chennai-600 024.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of Writ of Mandamus, directing the respondents to consider petitioner's representation dated 04.10.2019 and 25.10.2019 and to grant permission to establish small shop near Jai Nagar Park, opposite Chennai Mofussil Bus Terminus, Arumbakkam, Ward No.127, Zone 10, Chennai-600 106.

For Petitioner : Mr.P.Pandiyaraj For Respondents : Mrs.Karthika Ashok, St.c ---------

O R D E R

The petitioner being a visually challenged person with an intention to establish small soup shop near Jai Nagar Park, Arumbakkam has given a representation to the 2nd respondent on 04.10.2019 and 25.10.2019. After a week, the present writ petition is filed seeking Mandamus.

2. This writ petition is not maintainable for two reasons: (i) There is no legal right vested upon the petitioner who seeks permission to establish a petty shop in a public place. (ii) The petitioner has not made a request to the Vending Committee. Furthermore, the Street Vendors Act, 2004 provides procedure for allotting space for street vendors, after identifying vending zone within the municipal limit. https://hcservices.ecourts.gov.in/hcservices/

3. If any application is made by the petitioner to the Street Vending Committee, the same may be considered as per the procedure and the seniority maintained by the Street Vending Committee of Chennai Corporation.

4. With the above observation, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rpl To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai-600 003.

2.The Zonal Officer, 10th Zone, Chennai Corporation, New No.117, Old No.64, Near Power House Bus Stand, Kodambakkam, Chennai-600 024.

+1cc to Mrs.Karthika Ashok , Advocate SR.No. 91225 W.P.No.31024 of 2019 A.SK(04/12/2019) https://hcservices.ecourts.gov.in/hcservices/