Disposed

Gangadharan v. the Commissioner

Madras HC11 Jul 2024WP/16031/2024

Case brief

AI extract

What is this about?

A differently abled bunk shop vendor sought a mandamus restraining officials from removing his shop until the Township Vending Committee decided his vending-certificate application. The court, without going into merits, directed consideration within four weeks and allowed him to run the shop meanwhile.

What did the court decide?

Respondents to decide vending application within four weeks via Vending Committee; petitioner may run bunk shop until then.

Gangadharan Vs the Commissioner — Writ and Judicial Review | Madras HC (2024)

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W.P. No.16031 of 2024

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I N THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:11.07.2024

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CORAM

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THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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W.P.No.16031 of 2024

Gangadaran

....Petitioner

..Vs..

The Commissioner, Tambaram City Municipal Corporation, No.28, Muthuranga Mudali Street, Tambaram West, Chennai – 600 045.

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The Zonal Officer (Zone No.2) Tambaram City Municipal Corporation, Chrompet, Chennai – 600 044. ....Respondents

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PRAYER: Writ 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 Accenture, Wells Fargo, Embassy Splendid Tech Zone, Pallavaram, and Thuraipakkam Road, Chennai – 600 043 wherein selling, Tea, coffee, snacks, tiffin and other foods items therein, till

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https://www.mhc.tn.gov.in/judis

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W.P. No.16031 of 2024

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the Township Vending Committee decides the issue on the petitioner's application dated 25.03.2024 as per the provision of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and pass orders accordingly.

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For petitioner : Mr. R. Kamaraj For Respondents : Mr.P. Srinivas for RR1 & 2

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ORDER

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This Writ petition has been filed seeking for a Writ of

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Mandamus forbearing the respondents, their officials, or anybody claiming through them from interfering with the running of the petitioner's bunk shop at Near Accenture, Wells Fargo, Embassy Splendid Tech Zone, Pallavaram, and Thuraipakkam Road, Chennai – 600 043 wherein selling, Tea, coffee, snacks, tiffin and other foods items therein, till the Township Vending Committee decides the issue on the petitioner's application dated 25.03.2024 as per the provision of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and pass orders accordingly.

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https://www.mhc.tn.gov.in/judis

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W.P. No.16031 of 2024

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It is the case of the petitioner that the petitioner is running a

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bunk shop in the above mentioned place selling tea, coffee and other snacks. The petitioner has submitted a representation dated 25.03.2024 seeking to grant certificate of vending in the above mentioned place before the respondents and the same has not been considered by the respondents. Therefore, the petitioner has come up with this Writ Petition.

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The learned counsel for the petitioner submits that the petitioner being a differently abled person is eking out his livelihood by running of the bunk shop. While being so, the respondents are threatening the petitioner to remove the said bunk shop since he has not been granted proper certificate to run the shop. Therefore, the petitioner has submitted an application in Form III of the Act before the 2^nd respondent seeking for Certificate of Vending to run the bunk shop in the above place. The said application has not been considered by the respondents till now. Hence, the petitioner has filed the present Writ petition seeking the relief as stated therein.

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https://www.mhc.tn.gov.in/judis

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W.P. No.16031 of 2024

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4.The learned counsel for the respondents submits that the Vending Committee has been constituted by the Government of Tamil Nadu and the application of the petitioner will be considered in due course under the relevant Act. However, he has pointed out that the date of application filed by the petitioner shows as issued on 25.03.2021 and not 25.03.2024.

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5.Heard both sides and perused the material available on

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records.

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Having considered the facts and circumstances of the case

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and submission made by the learned counsel for the respondents, this Court without going into the merits of the case, directs the respondents to consider the petitioner's application after placing before the competent Vending Committee under the relevant Act in the manner known to law and pass appropriate orders as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of copy of this order. If the respondents refuse to accept the said application stating the reasons that the date of application has been mentioned as 25.03.2021, the petitioner is at liberty to submit a fresh application before the respondents for consideration

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https://www.mhc.tn.gov.in/judis

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W.P. No.16031 of 2024

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of the Vending Committee under the relevant Act. Till consideration of the

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said application, the petitioner shall run the bunk shop for his livelihood.

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