Ramani v. The Chairperson /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Writ Petition No.34918 of 2019 Ramani ... Petitioner Vs The Chairperson/ Zonal Executive Engineer, Zone No.5, (The Township Vending Committee), Corporation of Chennai, Basin Bridge Road, Chennai - 600 021.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent from interfering with the running of petitioner's bunk shop at 7/15, EVK Sampath Road, Narayana Olympaid School Gateside, opposite to Vepery Fire Station, near Avin Milk Shop, Vepery, Chennai - 600007, wherein selling tea, coffee, snacks and other food items therein till the petitioner's representation dated 14.11.2019 is considered and decided as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, by the respondent. For Petitioner :

Mr.L.Chandrakumar For Respondent :

Mr.A.Nagarajan *****

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus forbearing the respondent from interfering with the running of petitioner's bunk shop at 7/15, EVK Sampath Road, Narayana Olympaid School Gateside, opposite to Vepery Fire Station, near Avin Milk Shop, Vepery, Chennai - 600007, wherein selling tea, coffee, snacks, tiffen and other food items therein, till the petitioner's representation dated 14.11.2019 is considered and decided as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, by the respondent.

2. In the affidavit, it is stated that the petitioner, who is a widow, is running a bunk shop at 7/15, EVK Sampath Road, Narayana Olympaid School Gateside, opposite to Vepery Fire Station, near Avin Milk Shop, Vepery, Chennai - 600007. Petitioner is selling tea, coffee, snacks and other food items. The officials of the respondent have been frequently visiting his shop and threatening him to remove the shop since the same is unauthorised.

Therefore, petitioner submitted a representation dated 14.11.2019 requesting the respondent to conduct enumeration process for issuing I.D. Card and certificate of vending for continuing his bunk shop business in the said place. Since no action has been taken on the petitioner's representation, the present Writ Petition has been filed seeking the aforesaid relief.

3. Heard learned counsel for petitioner and learned counsel for respondent.

4. Learned counsel for petitioner also submits that Central Government has enacted 'The Street Vendors (Protection of Livelihood Regulation) Act, 2014', safeguarding the 'Street Vendors' by regulating their business. As per the provisions of the said Act, the State Government has to form a Township Vending Committee and take steps to regulate street vending and till such time, the business of the street vendors shall not be interfered. Learned counsel further submits that the petitioner's representation may be placed before the Township Vending Committee for consideration.

5. On the other hand, learned counsel for respondent submitted that as on date, there is no bunk shop as stated in the petition.

6. Be that as it may, considering the limited prayer sought for in this petition, this Court, without going into the merits of the claim made by the petitioner, directs the respondent to place the petitioner's representation dated 14.11.2019 before the Township Vending Committee within a period of one week from the date of receipt of this order, which, in turn, shall consider the same and pass appropriate orders on merits and in accordance with law within a period of two weeks thereafter.

The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar gm To The Chairperson/ Zonal Executive Engineer, Zone No.5, (The Township Vending Committee), Corporation of Chennai, Basin Bridge Road, Chennai - 600 021.

+1cc to Mr.R.Kamaraj , Advocate SR.No. 105238 Writ Petition No.34918 of 2019 A.SK(02/01/2020)