G.Kumaravel v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2024 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR G.Kumaravel ..

Petitioner v.

1. The Commissioner Corporation of Chennai Ripon Buildings Chennai 600 003

2. The State Commissioner for differently abled J.N.Ring Road Chennai 600 078

3. The Zone 8 Corporation Commissioner Zone 8 Corporation Commissioner Office Pulla Avenue Chennai 600 030

4. Inspector of Police V5, Thirumangalam Police Station Anna Nagar Chennai 600 040 ..

Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents 1 and 3 from interfering with the running of the petitioner's shop situate at 10th Main Road, AE Block, Anna Nagar, Chennai in the road side platform opposite to the Chaya Kudi (right side to the Anna Nagar Post Office), by selling Coffee, Tea and Snacks till alternative accommodation is provided. For Petitioner ::

Ms.R.Saritha For Respondents ::

Mrs.P.T.Ramadevi Standing Counsel for R1 & R3 Mr.M.Bindran Additional Government Pleader for R2 & R4

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a mandamus forbearing the respondents 1 and 3 from interfering with the running of the petitioner's shop situate at 10th Main Road, AE Block, Anna Nagar, Chennai in the road side platform opposite to the Chaya kudi (right side to the Anna Nagar Post Office), by selling Coffee, Tea and Snacks till alternative accommodation is provided.

2. The petitioner appears to be a physically handicapped / disabled person. The petitioner with the help and aid of some philanthropic persons is stated to have set up a bunk shop in the road side platform situate at 10th Main Road opposite to the Anna Nagar Post Office for selling tea and snacks. The grievance of the petitioner is that the petitioner's bunk shop is located in an unobjectionable place and the petitioner states that he is running the business to eke his livelihood.

3. The learned standing counsel appearing for the respondents 1 & 3 states that the Vending Committee, which is constituted for every region, is functioning, and therefore the petitioner has to submit an application before the Vending Committee under the Street Vendors Act, 2014.

4. The petitioner's eligibility to apply under the Act is not in dispute. Hence, leaving it open to the petitioner to approach the Vending Committee, which has now been constituted as stated by the learned counsel for the respondent Corporation, this writ petition is disposed of by directing that if the application is filed by the petitioner to the Town Vending Committee in

accordance with the Street Vendors Act, 2014, the same shall be considered by the Town Vending Committee on merits and appropriate orders be passed as per law within a period of twelve weeks from the date of receipt of the application from the petitioner. Consequently, W.M.P.No.920 of 2024 is closed. No costs.

Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 24.01.2024 ss To

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

2. The State Commissioner for differently abled J.N.Ring Road Chennai 600 078

3. The Zone 8 Corporation Commissioner Zone 8 Corporation Commissioner Office Pulla Avenue, Chennai 600 030

4. The Inspector of Police V5, Thirumangalam Police Station Anna Nagar Chennai 600 040

S.S.SUNDAR,J.

AND N.SENTHILKUMAR,J.

ss 24.01.2024