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Karthick v. the Commissioner

Madras HC17 Feb 2025WP/35165/2024

Case brief

AI extract

What is this about?

W.P.No.35165 of 2024; Karthick v. Commissioner, Corporation of Chennai & Zonal Officer Zone No.6; street vendor; bunk shop; moving cart; vending permission / certificate of vending; Town Vending Committee; Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; inspection team; two months; Waterbury Memorial Telugu Baptist Church; Cooks Road; Perambur; writ of mandamus; Article 226; disposed; no costs.

What did the court decide?

Directions issued: respondents to immediately send an inspection team to verify the bunk-shop claim, then consider the petitioner's application dated 15.04.2024 through the respondent / Town Vending Committee under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and decide it within two months of receipt of a copy of the order; no order as to costs.

Karthick Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents can be directed to consider the petitioner's application dated 15.04.2024 for grant of permission / certificate of vending and, till such decision, not to interfere with the running of his bunk shop. +1 more

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Court's answer

The petitioner's application dated 15.04.2024 shall be considered by the respondent / Town Vending Committee and decided under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

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Ratio / Principle

The respondents shall send an inspection team immediately to verify whether a bunk shop as claimed by the petitioner is located in the particular locality, and based on that verification the petitioner's application dated 15.04.2024 shall be considered.

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Key takeaways

The decision on the application shall be rendered within a period of two months from the date of receipt of a copy of the order.ratio¶28
With these observations and directions, the writ petition is disposed of, with no order as to costs.ratio¶29

Detailed headnote1 paragraphs

Mandamus writ disposed with directions: the Madras High Court (order by R. Suresh Kumar, J.) noted a discrepancy between the petitioner's claim of running a bunk shop selling eatables near Waterbury Memorial Telugu Baptist Church, Door No.8/53, Cooks Road, Perambur, Chennai, and the photograph filed showing him at a moving cart with fruits. The Court directed the Corporation of Chennai respondents to send an inspection team immediately to verify whether the claimed bunk shop exists in the locality, and based on that verification to consider the petitioner's application dated 15.04.2024 for grant of permission / certificate of vending through the respondent / Town Vending Committee under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and decide it within two months from receipt of a copy of the order. Writ petition disposed of; no order as to costs.

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W.P.No.35165 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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W.P.No.35165 of 2024

Karthick

... Petitioner

-Vs-

The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

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The Zonal Officer (Zone No.6), Corporation of Chennai, 158, Strahans Road, Pattalam, Chennai - 600 012. ... Respondents

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PRAYER : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the respondents to consider the petitioner's application dated 15.04.2024 made for grant of permission / certificate of vending and till such time not to interfere with the running of the petitioner's bunk shop at near the Waterbury Memorial Telugu Baptist Church, near Door No.8/53, Cooks Road, Perambur, Chennai - 600 012, wherein selling, tiffin, meals, snacks and other food items therein.

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For Petitioner : Mr.R.Kamaraj

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

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For Respondents : Mrs.Aswini Devi Standing Counsel

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W.P.No.35165 of 2024

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O R D E R

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(Order of the Court was made by R.SURESH KUMAR, J.)

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The prayer sought for in this writ petition is for a writ of mandamus

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directing the respondents to consider the petitioner's application dated 15.04.2024 made for grant of permission / certificate of vending and till such time, not to interfere with the running of the petitioner's bunk shop at Waterbury Memorial Telugu Baptist Chruch, Door No.8/53, Cooks Road, Perambur, Chennai - 600 012.

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2. Though it is claimed by the learned counsel appearing for the petitioner

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that the petitioner has been running a bunk shop where some eatable items have been sold for sometime past, the photograph has been filed on behalf of the petitioner where the petitioner seems to have been standing in a moving cart where some fruits has been sold or fruits are placed. When that being so, whether there has been a bunk shop as claimed by the petitioner being located in the particular locality or not has to be verified by the respondents by sending an inspection team immediately, based on which, the application submitted in format by the petitioner dated 15.04.2024 shall be considered by the respondent

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

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W.P.No.35165 of 2024

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/ Town Vending Committee and be decided under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 within a

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period of two months from the date of receipt of a copy of this order.

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3. With these observations and directions, this Writ Petition is disposed