Disposed

Rani v. The Chairperson / Zonal Executive Engineer Zone No. 5

Madras HC5 May 2021WP/11032/2021

Case brief

AI extract

What is this about?

This court disposed of two writ petitions filed by street vendors seeking directions under the Street Vendors Act, 2014. The court directed the Township Vending Committee to consider pending representations, decide them on merits after a hearing, and pass orders within eight weeks.

What did the court decide?

Direction to respondent to consider representations, decide on merits after hearing, and pass orders within eight weeks.

Rani Vs The Chairperson / Zonal Executive Engineer… — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.05.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

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W.P.Nos.11032 and 11039 of 2021

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Rani ...Petitioner in W.P.No.11032 of 2021 G.Tamilarasan ...Petitioner in W.P.No.11039 of 2021

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-Vs-

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The Chairperson / Zonal Executive Engineer (Zone No.5) (The Township Vending Committee) Corporation of Chennai, Basin Bridge Road, Chennai - 600 021. ... Respondent in both the writ petitions

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Prayer in W.P.No.11032 of 2021 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to consider and pass orders on the petitioner's representation, dated 28.02.2020 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 Railway Marriage Hall, Opp. to No.110/6C, Hajna K.Jameela Klanzil Varadharaji Street, Dr.Santhosh Nagar, Egmore, Chennai - 600 008, wherein selling tea, coffee, snacks and other food items therein.

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Prayer in W.P.No.11039 of 2021 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to consider and pass orders on the petitioner's representation, dated 24.09.2020 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 No.14/31, Ragavendra Park (Compound wall), opposite to A.P.Road, Sullai, Chennai - 600 012, wherein selling tea, coffee, snacks and food items therein.

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For Respondent : Ms.P.T.Ramadevi

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

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O R D E R

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The prayer sought for in W.P.No.11032 of 2021 is for a writ of mandamus, directing the respondent to consider and pass orders on the petitioner's representation, dated 28.02.2020 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 Railway Marriage Hall, Opp. to No.110/6C, Hajna K.Jameela Klanzil Varadharaji Street, Dr.Santhosh Nagar, Egmore, Chennai - 600 008, wherein selling tea, coffee, snacks and other food items therein.

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The prayer sought for in W.P.No.11039 of 2021 is for a writ of mandamus directing the respondent to consider and pass orders on the petitioner's representation, dated 24.09.2020 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 No.14/31, Ragavendra Park (Compound wall), opposite to A.P.Road, Sullai, Chennai - 600 012, wherein selling tea, coffee, snacks and food items therein.

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The petitioners are street vendors covering under the provisions of Street Vendors (Protection of Livelihood Regulation) Act, 2014 and in this regard, pursuant to the earlier litigation, where orders have been passed, the grievance of these kind of street vendors have to be resolved by a committee constituted in this regard, called, "The Township Vending Committee".

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In this context, it is the case of the petitioners that, the petitioners have been running a shop / bunk shop within the respondent corporation limit and in order to make the proper enumeration under the provisions of the Act and to extend the benefit of the provisions of the Act to the petitioners, the petitioners have given representations to the respondent committee on 28.02.2020 and 24.09.2020 respectively, however, the same since have not been considered so far and without considering the same and making the proper enumeration, if any decision, adversely taken against the petitioners, the very livelihood of the petitioners would be affected. Therefore in order to seek indulgence of this Court to give a direction by way of mandamus to the respondent committee, to consider and decide the said representations submitted by the petitioners and

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

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to pass orders thereon, on merits within a time frame, the petitioners have approached this Court by filing the present writ petitions with the aforesaid prayer.

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Heard, Mr.L.Chandrakumar, learned counsel appearing for the petitioners, who after having reiterated the aforesaid, would seek indulgence of this Court to give a suitable direction to the respondent.

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Heard, Ms.P.T.Ramadevi, learned standing counsel appearing for the respondent, who would submit that, the representations of the petitioners, dated 28.02.2020 and 24.09.2020 would be considered by the respondent on merits and in accordance with law and accordingly, a decision would be taken and the same would be communicated by passing final order by the respondent within a time frame that may be stipulated by this Court.

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Considering the said submission made by the learned counsel appearing for both sides and by taking note of the aforesaid and the documents filed in the typed set of papers in this regard in support of these writ petitions, this Court is inclined to dispose of these writ petitions with the following orders :

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(i) There shall be a direction to the respondent to consider the representation of the petitioners, dated 28.02.2020 and 24.09.2020 respectively and decide the same on merits and in accordance with law, by giving an opportunity of being heard to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order.

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(ii) It is made clear that, this Court have not expressed any view on the merits of the claim made by the petitioners in the said representations and it is for the respondent, to consider the said representations as indicated above and take a decision accordingly.

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

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With these directions, these writ petitions are disposed of. No costs.

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Sd/-
Assistant Registrar(V.O)
//True Copy//
Sub Assistant Registrar
tsvn
To
The Chairperson /
Zonal Executive Engineer (Zone No.5)
(The Township Vending Committee)
Corporation of Chennai,
Basin Bridge Road,
Chennai - 600 021.
+2ccs to M/s.R.Kamaraj, Advocate Sr.27106, 27105
W.P.Nos.11032 and
11039 of 2021
ppa[co]
srg 06/05/2021

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

Rani v. The Chairperson / Zonal Executive Engineer Zone No. 5

Case brief

What is this about?

What did the court decide?

Rani v. The Chairperson / Zonal Executive Engineer Zone No. 5

Case brief

What is this about?

What did the court decide?

What the court decided

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