Madras High Court
T.Murugan … vs The Commissioner on 1 November, 2023
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 29286 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 29286 of 2023
T.Murugan … Petitioner
-vs-
1. The Commissioner,
Chennai Corporation,
Rippon Building, Periyamedu,
Chennai – 600003.
2. The Assistant Commissioner,
Zone – 10, Chennai Corporation,
No. 117, N.S.K. Salai, Kamarajar Colony,
Kodambakkam, Chennai – 600024.
3. The District Revenue Officer cum Zonal Officer,
Zone – 10, Metropolitan Chennai Corporation,
No. 117, N.S.K. Salai, Kodambakkam,
Chennai – 600024.
4. The General Manager,
Marketing Division – Aavin,
No. 3A, Pasumpon Muthuramalinganar Salai,
Nandanam, Chennai – 600035. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Certiorarified Mandamus, calling for the
records and quash the order dated 24.08.2023 made in k/m/10/ e/f/ vz;/m5-
10927-2023 passed by the Third Respondent and to direct the Respondents to
allocate bunk shop space at Ashok Nagar, 11the Avenue Main Road, near blue
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W.P. No. 29286 of 2023
color metro water tank roadside platform for the purpose of to sell the Aavin
foods cum milk products to the general public.
For Petitioner : Ms. D. Vijayababu
For Respondents : Mrs. P.T.Ramadevi (for R1 to R3)
ORDER
Heard Mr. D.Vijayababu, Learned Counsel for the Petitioner and Mrs. P.T.Ramadevi, Learned Counsel for the First to Third Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2. Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Fourth Respondent, notice to him is dispensed with.
3. The Petitioner, viz., T.Murugan, was issued the Street Vendor Identity Card by the First Respondent on 01.03.2023 for selling fruits and vegetables at North Usman Road, T.Nagar, Chennai. He had made a representation dated 05.07.2023 to the Hon'ble Chief Minister Cell, Tamil Nadu seeking allocation of an Aavin Vending Shop at 11th Avenue Main Road, Ashok Nagar. The same has been forwarded to the First Respondent, who had rejected the same by https://www.mhc.tn.gov.in/judis 2/6 W.P. No. 29286 of 2023 Proceedings in Ma. A. 10 Na. Ka. No. A5/10927/2023 dated 24.08.2023, which is challenged in this Writ Petition.
4. Learned Counsel appearing for the First to Third Respondents states that the entire allocation of shops is governed by the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and the Town Vending Committee for the city of Chennai is now in place. Since the Petitioner was issued the identity card for selling fruits and vegetables at North Usman Road, T.Nagar, Chennai, the Petitioner could carry on such activities till the Town Vending Committee passes further directions as to manner of its continuance. It is further informed that if the Petitioner requires any other change, the same would have to be done in accordance with the Scheme. Learned Counsel for the Petitioner accepts the same and he also made an endorsement to that effect in the court record.
5. Having regard to the aforesaid submissions made, the Petitioner shall maintain status quo and continue to carry sale of fruits and vegetables at the allocated place at North Usman Road, T.Nagar, Chennai. It is made clear that if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his rights in accordance with the Tamil Nadu Street https://www.mhc.tn.gov.in/judis 3/6 W.P. No. 29286 of 2023 Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules, 2015, before the proper forum in the manner recognized by law.
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
01.11.2023 kv Index: Yes/No Note: (i) Issue order copy by 31.05.2024.
(ii) Registry is directed to return the impugned order under written acknowledgment after retaining a copy of the same for record.
To
1. The Commissioner, Chennai Corporation, Rippon Building, Periyamedu, Chennai – 600003.
2. The Assistant Commissioner, Zone – 10, Chennai Corporation, No. 117, N.S.K. Salai, Kamarajar Colony, Kodambakkam, Chennai – 600024.
3. The District Revenue Officer cum Zonal Officer, Zone – 10, Metropolitan Chennai Corporation, No. 117, N.S.K. Salai, Kodambakkam, Chennai – 600024.
4. The General Manager, https://www.mhc.tn.gov.in/judis 4/6 W.P. No. 29286 of 2023 Marketing Division – Aavin, No. 3A, Pasumpon Muthuramalinganar Salai, Nandanam, Chennai – 600035.
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kv W.P. No. 29286 of 2023 01.11.2023 https://www.mhc.tn.gov.in/judis 6/6