G.Dilli v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 11.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR G. Dilli ... Petitioner Vs.

1. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003.

2 . The Zonal Officer (Zone VII), Corporation of Chennai, Ambattur, Chennai 600 053.

... Respondents Prayer:

Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's application dated 16.07.2024, made for granting permission/Certificate of vending and till such time not to disturb with the running of the petitioner's bunk opposite to DAV Boys School, Ambattur Estate Road, Mogappair,Chennai 600 037, wherein selling tea, coffee and food item by using LPG gas stove.

For petitioner : Mr. A.Elamparithi For respondents Mr. E.C.Ramesh, Standing Counsel

ORDER

The petitioner herein seeks a direction to the respondents to consider his application, dated 16.07.2024 seeking permission for running a bunk shop opposite to the DAV Boys School, Ambattur Estate Road, Mogappair, Chennai 600 037.

2. It is the case of the petitioner that, he is a disabled person with 100% blindness. He owns a bunk shop near the said school and engaged in vending of Tea, Coffee and other food items. The petitioner has no other means of livelihood. It is also stated by him that the respondents have not constituted a Town Vending Committee till date. Though the petitioner submitted an application on 16.07.2024, due to the failure of the respondents in constituting the Town Vending Committee, the same has not been considered and the respondents are interfering with the running of the bunk shop by the petitioner. Hence, he approached this court.

3. Mr.C.Ramesh, learned Standing Counsel, who takes notice for the respondents would submit that the application of the petitioner will be considered in accordance with law by the Town Vending Committee, as soon it is constituted.

4. In view of the above submission made by the learned Standing Counsel for the respondent, without going into the merits of claim made by the petitioner, this court is inclined to direct the first respondent to place the application of the petitioner before the Town Vending committee and act in accordance with the decision of the Town Vending Committee. Till the application of the petitioner is considered by the Street Vending Committee, the running of bunk shop by the petitioner shall not be disturbed by the respondents.

5. With the above direction, this writ petition is disposed of. There shall be no order as to costs.

11.12.2024.

Index : Yes / No Internet : Yes / No mst

To

1. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003.

2 . The Zonal Officer (Zone VII), Corporation of Chennai, Ambattur, Chennai 600 053.

S.SOUNTHAR, J.

mst 11.12.2024