WP/34078/2017 of Chinnadurai Vs The Secretary to Government on 28 December 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2017

CORAM

THE HON'BLE MR.JUSTICE M.S.RAMESHANDTHE HON'BLE MR. JUSTICE G.R.SWAMINATHAN

W.P.No.34078 of 2017 andWMP.No.37823 of 2017

Chinnadurai .. Petitioner Vs.

1 The Secretary to Government,Municipal Administration and Water Supply (M.C.1) Department,Government of Tamil Nadu,Fort St. George,Chennai-9.

2. The Commissioner,Maraimalai Nagar Municipality,Maraimalai Nagar 603 209,Kanchipuram District... Respondents PRAYER: Petition filed under Article 226 of theConstitution of India for issuance of a writ of Mandamus,directing the respondents to consider and pass orders onthe petitioner's representation dated 28.11.2017 as per theprovisions of the Street Vendors [Protection of LivelihoodRegulation]Act,2014,madeforgrantingpermission/certificate of vending and till such time not todisturb with the running of the petitioner's Bunk Shop nearDoor Nos.140 and 151, Estanic Park, Vallanchery, GST Road,Potheri, Kanchipuram District, wherein selling tea, coffee,snacks and food items by using LPG stove.

For Petitioner : Mr.L.Chandrakumar

For 1[st] respondent : Mr.T.M.Pappiah

For 2[nd] respondent : Mr.A.N.Thambidurai [Order of the Court was made by M.S.RAMESH, J.]

By consent, the writ petition itself is taken up for finaldisposal. Mr.T.M.Pappiah, learned Counsel accepts notice onbehalf of the 1[st] respondents and Mr.A.N.Thambidurai, learnedCounsel accepts notice on behalf of the 2[nd] respondent.

2. The petitioner, who is a differently abled person andrunning a Bunk Shop near Door Nos.140 and 151, Estanic Park,Vallanchery, GST Road, Potheri, Kanchipuram District, apprehendsthat the respondents evict him from that place. In this regard,the petitioner has given a representation dated 28.11.2017 tothe respondents. Since, the same has not been disposed of bythe respondents, the petitioner has approached this Court by wayof filing the present Writ Petition.

3. In an identical situation, a Division Bench of thisCourt in W.P.No.27049/2017 dated 23.10.2017 (Shahul Hameed vs.The Commissioner, Corporation of Chennai9, Rippon Buildings,Chennai-3 and another) has held as follows in paragraphs Nos.2

to 6 :

''2. The petitioner claims that he is adifferently-abled person having Locomotor Disabilityof 80% and he is running a Bunk shop at Haddows Road,Opposite to Standard Chartered Bank, Nungambakkam,Chennai 600 034, and he claims that he is selling tea,coffee and food items in an hygienic manner by usingLPG stove and out of the meager income earned, he ismaintaining himself as well as his family. Thepetitioner would further state that he is entitled tothe benefits of the benevolent Central Legislation,viz., the Street Vendors [Protection of Livelihood]Act, 2014 and the Rules and Regulations framedthereunder and till the formalities contemplated underthe Act are fully complied with, the petitioner cannotbe evicted from the present place of business and thepetitioner, in this regard, has submitted arepresentation dated 04.10.2017 to the respondentsseeking for permission / licence to continue to runthe Bunk shop in the said place and apprehendingdispossession, he came forward to file the presentwrit petition.

3Mr.L.Chandrakumar, learned counsel appearingfor the petitioner on instructions, would submit thatthe petitioner is running the Bunk shop in the abovesaid address for very many years and that, he has notsub-let or part with the interest or possession of the

Bunk shop in question and he continues to run the sameand selling the food articles prepared in an hygienicmanner and is strictly complying with the relevantFood Safety Norms and Rules and unless and until theidentification and enumeration process is done as perthe provisions of the above said Act, the petitionermay not be disturbed from the Bunk Shop in questionand would further submit that the petitioner hadsubmitted a representation to the Town VendingCommittee/2[nd] respondent herein and hence, prays forappropriate orders.

4Per contra, Mr.A.Nagarajan, learned Standingcounsel appearing for the respondents would submitthat immediate, urgent and necessary steps havealready been taken to form the Town Vending Committeeand enumeration process is going on and it is for thepetitioner to substantiate his plea that he is runningthe Bunk shop in question for very many years withoutparting with either the possession or interest or bothin respect of the said bunk shop.

5This Court has considered the rivalsubmissions and also perused the materials placedbefore it.6Though the petitioner has prayed for alarger relief, this Court, in the light of the abovefacts and circumstances and without going in to themerits of the claim projected by the petitioner,either in his representation or in this writ petition,directs the 2[nd] respondent to consider and dispose ofthe petitioner's representation dated 04.10.2017 onmerits and in accordance with law and pass appropriateorders within a period of eight weeks from the date ofreceipt of a copy of this order and communicate thedecision taken, to the petitioner and till such time,the said official shall defer further decision withregard to the removal of the bunk shop. It is madeclear that the petitioner, till the disposal of therepresentation by the 2[nd]respondent, shall notchange/alter the physical features and the characterof the bunk shop in question and shall not create anythird party rights in respect of the bunk shop inquestion.

4. The above said facts are similar to that of the presentcase also. In view of the same, there shall be a direction tothe 2[nd] respondent herein to consider and pass appropriateorders on the petitioner's representation dated 28.11.2017 on merits and in accordance with law within a period of eight weeksfrom the date of receipt of a copy of this order. It is madeclear that till the representation of the petitioner is disposedof by the 2[nd] respondent, the physical possession of thepetitioner's Bunk Shop near Door Nos.140 and 151, Estanic Park,Vallanchery, GST Road, Potheri, Kanchipuram District shall notbe disturbed.

5. With the above observation, the writ petition isdisposed of. No costs. Consequently, connected MiscellaneousPetition is also closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant RegistrartsiTo:1 The Secretary to Government, Municipal Administration and Water Supply (M.C.1) Department, Government of Tamil Nadu, Fort St. George, Chennai-9.2. The Commissioner, Maraimalai Nagar Municipality, Maraimalai Nagar 603 209, Kanchipuram District.+1cc to Mr.R.Kamaraj, Advocate, S.R.No.92603

W.P.No.34078 of 2017

CS/09/01/18