Madras High Court
R.Kavitha vs The Chairperson on 28 April, 2021
Author: D. Krishnakumar
Bench: D.Krishnakumar
W.P.No.10554 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 28.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.10554 of 2021
R.Kavitha ... Petitioner
Vs.
The Chairperson, Zonal Executive
Engineer (Zone No.9), The Township vending
Committee, Corporation of Chennai,
Nungambakkam, Chennai 600 034. ... Respondent
PRAYER: Writ petition filed under Section 226 of the Constitution of
India to issue a Writ of Mandamus or any other appropriate Writ or
order or direction in the nature of Writ, directing the respondent to
consider and pass orders on the petitioner's representation dated
16.11.2020, as per the provision of the Street Vendors (Protection of
Livelihood Regulation) Act, 2014 and till such time not to disturb with
the running of the petitioner's bunk shop at near Royapettah hospital,
Oposite to YMCA, West Cott Road, Reyapettah, Chennai-14, wherein
selling Tea, Coffee, snacks and other food.
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W.P.No.10554 of 2021
For petitioner : Mr.E.Naveen
For respondent : Mrs.P.T.Ramadevi (Corporation)
ORDER
This petition has been filed to consider the representation given by the petitioner, as per the provision of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and till such time not to disturb with the running of the petitioner's bunk shop at near Royapettah hospital, opposite to YMCA, West Cott Road, Reyapettah, Chennai014 , wherein selling Tea, Coffee, snacks and other food.
2. The petitioner is running a bunk shop near Royapettah Hospital, opposite to YMCA and selling Tea, Coffee, Snacks and other food items. The petitioner had applied before the Town Vending committee to issue a Street vending I.D Card and also given all the details, as required by the respondent. However, enumeration process was not done in a proper manner by the private agencies, to whom the above work was handed over. Further, the officials of the respondent frequently visited the petitioner's shop and threatened to remove the Page 2 of 5 http://www.judis.nic.in W.P.No.10554 of 2021 shop. Hence, the petitioner has given a representation dated 16.11.2020 requesting to conduct enumeration process for issuing IC Card and grant permission/certificate of vending for continuing his bunk shop business in the above place. But, it was not considered. Hence this writ petition.
3. According to the petitioner, he is running a mobile bunk shop and as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, the State Government has to form a Township Vending Committee and take steps to regulate street vending and still such time, the business of the street vendors shall not be interfered.
4. Mrs.P.J.Ramadevi, takes notice for the respondent/ corporation and submitted there is no bunk running in the above said address, as stated by the petitioner. Page 3 of 5 http://www.judis.nic.in W.P.No.10554 of 2021
5. Considering the submission made by the counsel for the respondent/ Corporation that no such mobile shop is running in the address as stated above, this court is not inclined to grant any order to permit the petitioner to continue with his business in that place. However, considering the limited prayer, this court is inclined to direct the respondent to consider the petitioner's representation and pass appropriate orders on merits in accordance with law, as early as possible within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above observation, the writ petition is disposed of. No costs.
28.04.2021 (2/2) Index:Yes/No Internet:Yes/No Speaking/non Speaking order mst To The Chairperson, Zonal Executive Engineer (Zone No.9), The Township vending Committee, Corporation of Chennai, Nungambakkam, Chennai 600 034 Page 4 of 5 http://www.judis.nic.in W.P.No.10554 of 2021 D. KRISHNAKUMAR, J.
mst W.P.No.10554 of 2021 28.04.2021.
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