Disposed

D. Elangovan v. The Commissioner

Madras HC8 Aug 2017WP/21071/2017

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a writ of mandamus directing the Vending Committee to consider his representation for a Certificate of Vending under the Street Vendors Act, 2014, and refrain from disturbing his shop. The court directed the Committee to consider the representation within three months without taking coercive action.

What did the court decide?

Relief: The Vending Committee was directed to consider the petitioner's representation within three months and refrain from coercive action.

D. Elangovan Vs The Commissioner — Pension and Retirement Benefits | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.08.2017

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CORAM

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THE HON'BLE Mr. JUSTICE M.DURAISWAMY

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W.P.No.21071 of 2017

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D.Elangovan ... Petitioner

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The Commissioner Corporation of Chennai Rippon Buildings

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Chennai - 600 003.

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2.The Chairperson/

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Zonal Executive Engineer (Zone -9)

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(The Township Vending Committee) Corporation of Chennai Chennai-600 034. ... Respondents

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Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 07.07.2017 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 made for granting permission/Certificate of Vending and till such time not to disturb with the running of the petitioner's Bunk shop just opposite to Indira VIF, Moors Road, Thousand Lights, Chennai-600 006.

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For Petitioner : Mr.R.Kamaraj

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For Respondents: Mr.P.V.Selvakumar

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Additional Government Pleader

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O R D E R

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Mr.P.V.Selvakumar, learned Additional Government Pleader, takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage.

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The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents to consider his representation dated 07.07.2017 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 made for granting permission/Certificate of Vending and till such time not to disturb with the running of the petitioner's Bunk shop just opposite to Indira VIF, https://hcservices.ecourts.gov.in/hcservices/ Moors Road, Thousand Lights, Chennai-600 006.

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3.The learned counsel appearing for the petitioner submitted that in similar circumstances, the Division Bench of this Court, by order dated 28.02.2017, passed the following order:-

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"5.On hearing the learned counsel for the parties, suffice it to direct the Vending Committee constituted vide G.O.(4D)No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016, to consider the representation of the petitioner dated 27.1.2017 and pass appropriate orders in accordance with law, within three months from the date of receipt of a copy of this order and till such time, no coercive action shall be taken against the petitioner. All the ground urged in this petition can be raised before the Committee."

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Mr.P.V.Selvakumar, learned Additional Government Pleader, appearing for the respondents submitted that the order passed by the Division Bench of this court can be followed in this writ petition also.

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In view of the submissions made by the learned counsel on either side, I direct the Vending Committee constituted vide G.O.(4D)No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016, to consider the petitioner's representation dated 07.07.2017 and pass appropriate orders, in accordance with law, within three months from the date of receipt of a copy of this order and till such time, no coercive action shall be taken against the petitioner. All the grounds urged in this writ petition can be raised before the Committee.

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With these observations, the Writ Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar(CS VI)

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//True Copy//

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Sub Assistant Registrar

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