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Madras High CourtWP/34326/2018disposed of

A.Mohideen v. The Special Commissioner For Handicapped

2018-12-27Honourable Mr Justice S. Vaidyanathan,Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.12.2018 Coram THE HON'BLE MR.JUSTICE S.VAIDYANATHAN & THE HON'BLE Ms.JUSTICE P.T.ASHA W.P.No.34326 of 2018 A.Mohideen ... Petitioner Vs.

1.The Special Commissioner for Handicapped No.15/1, Model School Road Thousand Lights Chennai- 600 006 2.The Commissioner Greater Corporation of Chennai Rippon Buildings Chennai - 600 003 3.The Chairperson / Zonal Executive Engineer (Zone-5) The Township Vending Committee Greater Corporation of Chennai Chennai - 600 013 .. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to consider and pass orders on the petitioner's representation dated 03.12.2018, as per the provisions of the Street Vendors (Protection of Livelihood Regulations) Act, 2014, made for grant of license / certificate of vending and till such time not to disturb with the running of my bunk shop, situated opposite to the Police Quarters in Thambu Lane Junction, Shiek Maistry Street, Royapuram, Chennai - 600 013.

For Petitioner : Mr.S.V.Karthikeyan For Respondents : Mr.V.Shanmugasundar Special Government Pleader for R1 Mr.V.C.Selvasekaran for R2 and R3

ORDER

(Order of the Court was made by S.VAIDYANATHAN, J.) The petitioner has come forward with this writ petition seeking a direction to the respondents to consider and pass orders on his representation dated 03.12.2018.

2. The petitioner is a physically challenged person and also a sports person. The petitioner is running a bunk shop opposite to the Police Quarters in Thambu Lane Junction, Shiek Maistry Street, Royapuram, Chennai - 600 013. The petitioner has made a representation to the second respondent seeking Certificate of Vending for running the aforesaid bunk shop. However, no action has been taken by the second respondent till date. Hence, the petitioner has come forward with this writ petition with the aforesaid prayer.

3. We heard the submissions of Mr.V.Shanmugasundar, learned Special Government Pleader, appearing for the first respondent and Mr.V.C.Selvasekaran, learned Standing Counsel appearing for Respondents 2 and 3.

4.Learned standing counsel appearing for respondents 2 and 3 submitted that three member committee is yet to be appointed and it is for the third respondent to consider the case of the petitioner and as of date, enumeration process has not yet been completed.

5.We considered the rival submissions.

6. Taking note of the submissions and request made by the petitioner to dispose of his representation, we direct the respondents not to disturb the petitioner's bunk shop for a period of two months or till the Authority concern passes an order, whichever is earlier.

This writ petition is disposed of with the above observation.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsm/gpa

To 1.The Special Commissioner for Handicapped No.15/1, Model School Road Thousand Lights Chennai- 600 006 2.The Commissioner Greater Corporation of Chennai Rippon Buildings Chennai - 600 003 3.The Chairperson / Zonal Executive Engineer (Zone-5) The Township Vending Committee Greater Corporation of Chennai Chennai - 600 013 +1 CC to Mr.S.V.Karthikeyan, Advocate sr 90042. W.P.No.34326 of 2018 SP(03/01/2019)