High Court · 2024

W.P.Nos.6295, 6300& 6303 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08.08.2024CORAM :THE HONOURABLE MR.JUSTICE R. SURESH KUMAR ANDTHE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.Nos.6295, 6300 & 6303 of 2024Petitioner inJayashree..W.P.No.6295 of 2024Petitioner inSilambarasan..W.P.No.6300 of 2024Petitioner inKala..W.P.No.6303 of 2024Vs.1. The Commissioner Corporation of Chennai Ripon Buildings, Chennai 600 003.2. The Zonal Officer (Zone No.5) Corporation of Chennai Basin Bridge Road Chennai 600 021...Respondents in all W.PsPrayer in W.P.No.6295 of 2024: Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, forbearing the respondents, their officials or anybody claiming through them from interfering with the running of the petitioner's bunk shop at Allikulam Link road, Right side of V.P. Hall, Chennai 600 003, wherein selling tea, coffee, snacks and other food items till the Township Vending Committee decides the issue on the petitioner's application dated 20.01.2024 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014;Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 2024Prayer in W.P.No.6300 of 2024: Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, forbearing the respondents, their officials or anybody claiming through them from interfering with the running of the petitioner's bunk shop at No.69, Rukumani Lakshmipathy Road, Near Guru Hotel, Opposite to Rajarathinam Stadium, Egmore, Chennai – 600 008, wherein selling tea, coffee, snacks and other food items till the Township Vending Committee decides the issue on the petitioner's representation dated 20.10.2023 and application dated 23.02.2024 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014; andPrayer in W.P.No.6303 of 2024: Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, forbearing the respondents, their officials or anybody claiming through them from interfering with the running of the petitioner's bunk shop at near Rajiv Gandhi Government General Hospital, Corner of the P.H. Road (EVR Salai), Chennai – 600 003, wherein selling tea, coffee, snacks and other food items therein till the Township Vending Committee is formed and decides the petitioner's application dated 20.01.2024 made for the grant of issuance of certificate of Vending as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014.For the Petitioners in all W.Ps:Mr.R.KamarajFor the Respondentsin all W.Ps:Mr.A.S.Ragul Adithya forMs.P.T.RamadeviStanding CounselORDER(Order of the Court was made by R.SURESH KUMAR, J.)It is the case of the petitioners that the petitioners are running bunk shops and to obtain permission and license from the authorities concerned under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 20242014 [for brevity, hereinafter referred to as “the Act of 2014”], representations have been given to the respondents. In order to consider the said representations, these writ petitions have been filed. 2. Heard Mr.R.Kamaraj, learned counsel for the petitioners and Ms.P.T.Ramadevi, learned Standing Counsel for the respondents. 3.1. It is brought to our notice by the learned Standing Counsel that under the Act of 2014, the Town Vending Committee has been reconstituted by the Government Order in G.O (4D) No.29, Municipal Administration & Water Supply (MC.2) Department, dated 07.08.2023, consisting of fifteen members, chaired by the Commissioner of Greater Chennai Corporation.3.2. Before the said Committee, applications shall be given in the format prescribed under Clause 4(2) of the Tamil Nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules, 2015, and in that format, if any applications are filed, the Town Vending Committee, already constituted, would take Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 2024care of it and final decision would be taken.3.3. Further, the representations have been simply made to the respondents and since the first respondent does not have the jurisdiction to independently decide the representations, it is for the petitioners to make appropriate applications in the prescribed format to the Town Vending Committee and if any such applications are made, that would be taken care of by the Committee, he contended. 4. Learned counsel appearing for the petitioners would submit that the petitioners would make appropriate applications to the Town Vending Committee in the prescribed format within a period of two weeks. Therefore, he seeks indulgence of this Court to give directions to the Town Vending Committee to decide the same on merits and in accordance with law. 5. Having regard to the aforesaid facts and circumstances and taking note of the submissions made by the respective learned counsel, this Court is inclined to pass the following orders:Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 2024(i) It is open to the petitioners to make applications in the prescribed format to the Town Vending Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the Town Vending Committee shall consider it and decide on its own merits and in accordance with law;(ii) In this regard, necessary inputs, if any, to be given to the Town Vending Committee by the respondent Corporation shall also be immediately given without any delay. After considering the merits of the claim, to be made by the writ petitioners, a final decision can be taken.(iii) It is needless to mention that depending upon the final decision to be taken, the fate of the shop/bunk of the petitioners, whether to be continued in the present location or in any other location or not would be decided; and(iv) It is made clear that the final decision shall be taken by the Town Vending Committee within a period of three months from the date of receipt of the applications. Till such time, if any shops/bunks have already been possessed by the petitioners, the same can be verified, if so, that shall not be disturbed. Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 20246. With these directions and observations, these writ petitions stand disposed of. There shall be no order as to costs. (R.S.K., J.) (A.D.J.C., J)08.08.2024 Neutral Citation:Yes/NodrmPage 6 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 2024To:1. The Commissioner Corporation of Chennai Ripon Buildings, Chennai 600 003.2. The Zonal Officer (Zone No.5) Corporation of Chennai Basin Bridge Road Chennai 600 021.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 2024R. SURESH KUMAR, J.AND A.D.JAGADISH CHANDIRA, J.(drm) W.P.Nos.6295, 6300 & 6303 of 202408.08.2024Page 8 of 8

W.P.Nos.6295, 6300& 6303 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08.08.2024CORAM :THE HONOURABLE MR.JUSTICE R. SURESH KUMAR ANDTHE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.Nos.6295, 6300 & 6303 of 2024Petitioner inJayashree..W.P.No.6295 of 2024Petitioner inSilambarasan..W.P.No.6300 of 2024Petitioner inKala..W.P.No.6303 of 2024Vs.1. The Commissioner Corporation of Chennai Ripon Buildings, Chennai 600 003.2. The Zonal Officer (Zone No.5) Corporation of Chennai Basin Bridge Road Chennai 600 021...Respondents in all W.PsPrayer in W.P.No.6295 of 2024: Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, forbearing the respondents, their officials or anybody claiming through them from interfering with the running of the petitioner's bunk shop at Allikulam Link road, Right side of V.P. Hall, Chennai 600 003, wherein selling tea, coffee, snacks and other food items till the Township Vending Committee decides the issue on the petitioner's application dated 20.01.2024 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014;Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 2024Prayer in W.P.No.6300 of 2024: Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, forbearing the respondents, their officials or anybody claiming through them from interfering with the running of the petitioner's bunk shop at No.69, Rukumani Lakshmipathy Road, Near Guru Hotel, Opposite to Rajarathinam Stadium, Egmore, Chennai – 600 008, wherein selling tea, coffee, snacks and other food items till the Township Vending Committee decides the issue on the petitioner's representation dated 20.10.2023 and application dated 23.02.2024 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014; andPrayer in W.P.No.6303 of 2024: Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, forbearing the respondents, their officials or anybody claiming through them from interfering with the running of the petitioner's bunk shop at near Rajiv Gandhi Government General Hospital, Corner of the P.H. Road (EVR Salai), Chennai – 600 003, wherein selling tea, coffee, snacks and other food items therein till the Township Vending Committee is formed and decides the petitioner's application dated 20.01.2024 made for the grant of issuance of certificate of Vending as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014.For the Petitioners in all W.Ps:Mr.R.KamarajFor the Respondentsin all W.Ps:Mr.A.S.Ragul Adithya forMs.P.T.RamadeviStanding CounselORDER(Order of the Court was made by R.SURESH KUMAR, J.)It is the case of the petitioners that the petitioners are running bunk shops and to obtain permission and license from the authorities concerned under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 20242014 [for brevity, hereinafter referred to as “the Act of 2014”], representations have been given to the respondents. In order to consider the said representations, these writ petitions have been filed. 2. Heard Mr.R.Kamaraj, learned counsel for the petitioners and Ms.P.T.Ramadevi, learned Standing Counsel for the respondents. 3.1. It is brought to our notice by the learned Standing Counsel that under the Act of 2014, the Town Vending Committee has been reconstituted by the Government Order in G.O (4D) No.29, Municipal Administration & Water Supply (MC.2) Department, dated 07.08.2023, consisting of fifteen members, chaired by the Commissioner of Greater Chennai Corporation.3.2. Before the said Committee, applications shall be given in the format prescribed under Clause 4(2) of the Tamil Nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules, 2015, and in that format, if any applications are filed, the Town Vending Committee, already constituted, would take Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 2024care of it and final decision would be taken.3.3. Further, the representations have been simply made to the respondents and since the first respondent does not have the jurisdiction to independently decide the representations, it is for the petitioners to make appropriate applications in the prescribed format to the Town Vending Committee and if any such applications are made, that would be taken care of by the Committee, he contended. 4. Learned counsel appearing for the petitioners would submit that the petitioners would make appropriate applications to the Town Vending Committee in the prescribed format within a period of two weeks. Therefore, he seeks indulgence of this Court to give directions to the Town Vending Committee to decide the same on merits and in accordance with law. 5. Having regard to the aforesaid facts and circumstances and taking note of the submissions made by the respective learned counsel, this Court is inclined to pass the following orders:Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 2024(i) It is open to the petitioners to make applications in the prescribed format to the Town Vending Committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the Town Vending Committee shall consider it and decide on its own merits and in accordance with law;(ii) In this regard, necessary inputs, if any, to be given to the Town Vending Committee by the respondent Corporation shall also be immediately given without any delay. After considering the merits of the claim, to be made by the writ petitioners, a final decision can be taken.(iii) It is needless to mention that depending upon the final decision to be taken, the fate of the shop/bunk of the petitioners, whether to be continued in the present location or in any other location or not would be decided; and(iv) It is made clear that the final decision shall be taken by the Town Vending Committee within a period of three months from the date of receipt of the applications. Till such time, if any shops/bunks have already been possessed by the petitioners, the same can be verified, if so, that shall not be disturbed. Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 20246. With these directions and observations, these writ petitions stand disposed of. There shall be no order as to costs. (R.S.K., J.) (A.D.J.C., J)08.08.2024 Neutral Citation:Yes/NodrmPage 6 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 2024To:1. The Commissioner Corporation of Chennai Ripon Buildings, Chennai 600 003.2. The Zonal Officer (Zone No.5) Corporation of Chennai Basin Bridge Road Chennai 600 021.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.6295, 6300& 6303 of 2024R. SURESH KUMAR, J.AND A.D.JAGADISH CHANDIRA, J.(drm) W.P.Nos.6295, 6300 & 6303 of 202408.08.2024Page 8 of 8