Disposed

Udhayakumar v. The Commissioner

Madras HC18 Aug 2020WP/10380/2020

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Court held that post the Street Vendors Act, 2014, only the Vending Committee has the authority to permit street vending. Consequently, the Corporation Commissioner lacked jurisdiction, and the petitioner was directed to approach the competent Committee.

What did the court decide?

Petitioner directed to approach the Town Vending Committee for the grant of permission.

Udhayakumar Vs The Commissioner — Service and Employment | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 18.08.2020

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

W.P.No.10380 of 2020

Udhayakumar

... Petitioner

Vs.

1.The Commissioner,

The Corporation of Chennai, Rippon Building,

¶11

Chennai 3.

¶12

2.The District Differently Abled Welfare Officer, Forest Office Building, DMS Compound, Chennai 6. ... Respondents

¶13

PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 11.02.2020 seeking permission/license to put up small bunk shop at the vicinity of of Bus stand near Madhavaram Rountana or near Madhavaram Rountana in the light of his disability under the Disability quota.

¶14

For Petitioner : Mr.G.Mageshkumar For Respondents : Mrs.Karthika Ashok, Standing Counsel O R D E R

¶15

This writ petition has been filed for the issue of writ of Mandamus directing the respondent to consider the representation made by the petitioner on 11.02.2020, wherein, the petitioner is seeking for a permission to put up a bunk shop in a bus stand.

¶16

2.Heard Mr.G.Magesh Kumar, learned counsel appearing for the petitioner and Mrs.Karthika Ashok, learned Standing Counsel appearing on behalf of the respondents.

¶17

3.In the considered view of this Court, after coming into force of the Street Vendors Act, 2014, it is only the concerned Committee which will have the authority to permit any person to do street vending. The first respondent will not have the power or jurisdiction to grant any such permission. Therefore, it is open to the petitioner to make a representation before the Town

¶18

https://hcservices.ecourts.gov.in/hcservices/

¶19

Vending Committee which is vested with the jurisdiction to consider such a request under Section 4 of Street Vendors Act, 2014. Except giving this clarity, no further orders can be passed in this writ petition.

¶20

4.Accordingly, this writ petition is disposed of with. No costs.

¶21

Sd/-

¶22

Assistant Registrar(CS I)

¶23

//True Copy//

¶24

Sub Assistant Registrar
vkr
To
1.The Commissioner,
The Corporation of Chennai,
Rippon Building,
Chennai 3.
2.The District Differently Abled Welfare Officer,
Forest Office Building,
DMS Compound, Chennai 6.
+1 cc to The Government Pleader, Sr.No. 27278
W.P.No.10380 of 2020
VGII(CO)
RMP(03/09/2020)

¶25

https://hcservices.ecourts.gov.in/hcservices/

Udhayakumar v. The Commissioner

Case brief

What is this about?

What did the court decide?

Udhayakumar v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.Mohamed Ismail Vs The Municipal Commissioner Administration

J.Rajasekar Vs The State of Tamilnadu

S.Thiyagarajan Vs The Secretary

C.Mohammed Vs The Regional Transport Authority

Jeppiaar Furnace and steels Vs Tamilnadu Generation Distribution

Internation Maritime Acaemy Vs Government of India