Street vendor sought quashing of a Corporation communication refusing bunk shop permission and non-disturbance till Town Vending Committee decides his vending application. Court permitted fresh application in prescribed format within two weeks, directed Committee to decide on merits within three months, with interim protection against disturbance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.2013 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2024
CORAM :
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.No.2013 of 2024
G.Velu
.. Petitioner
Vs.
Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a writ of certiorarified mandamus, calling for the records relating to the proceedings of the respondent in Z.O.X./C.No. Nil of 2023 dated 20.09.2023 and quash the same and forbear the respondent not to disturb the petitioner's bunk shop near Ramakrishna Mission Higher Secondary School (Main) Playground, L.M. Backside, No.21-A, Rajamannar Street, T.Nagar, Chennai 600 017, till the Township Vending committee decides the issue of granting certificate of vending.
For the Petitioner : Mr.R.Kamaraj For the Respondent : Mr.A.S.Ragul Adhithya for Ms.P.T.Ramadevi Standing Counsel
Page 1 of 6
W.P.No.2013 of 2024
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.) It is the case of the petitioner that the petitioner is running a
bunk shop and to obtain permission and license from the authorities concerned under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 [for brevity, hereinafter referred to as “the Act of 2014”], a representation has been given to the respondent on 21.09.2022.
Page 2 of 6
and
W.P.No.2013 of 2024
5.1. It is brought to our notice by the learned Standing Counsel that under the Act of 2014, the Town Vending Committee has been reconstituted by the Government Order in G.O (4D) No.29, Municipal Administration & Water Supply (MC.2) Department, dated 07.08.2023, consisting of fifteen members, chaired by the Commissioner of Greater Chennai Corporation.
5.2. Before the said Committee, an application shall be given in the format prescribed under Clause 4(2) of the Tamil Nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules, 2015, and in that format, if any application is filed, the Town Vending Committee, already constituted, would take care of it and a final decision would be taken.
Page 3 of 6
W.P.No.2013 of 2024
of two weeks. Therefore, he seeks indulgence of this Court to give directions to the Town Vending Committee to decide the same on merits and in accordance with law.
and taking note of the submissions made by the respective learned
counsel, this Court is inclined to pass the following orders:
(ii) In this regard, necessary inputs, if any, to be given to the Town Vending Committee by the respondent Corporation shall also be immediately given without any delay. After considering the merits of the claim, to be made by the writ petitioner, a final decision can be taken.
(iii) It is needless to mention that depending upon the final decision to be taken, the fate of the shop/bunk of the petitioner, whether to be continued in the present location or in any other location or not would be decided; and
Page 4 of 6
W.P.No.2013 of 2024
(iv) It is made clear that the final decision shall be taken by the Town Vending Committee within a period of three months from the date of receipt of the application. Till such time, if any shop/bunk has already been possessed by the petitioner, the same can be verified, if so, that shall not be disturbed.
Neutral Citation:Yes/No
drm
To:
Page 5 of 6
W.P.No.2013 of 2024
R. SURESH KUMAR, J. AND A.D.JAGADISH CHANDIRA, J.
(drm)
W.P.No.2013 of 2024
08.08.2024
Page 6 of 6
1 issue framed by the court
Whether the impugned communication refusing permission for the petitioner's bunk shop should be quashed pending decision by the Town Vending Committee on his vending application.
2 provisions across 2 enactments
G.Velu
The Executive Engineer (Zone – X), Greater Chennai Corporation
R. Suresh Kumar
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
