Madras High Court
M.Selvam vs The Executive Engineer on 8 September, 2022
W.P.Nos.14102, 14105 & 14110 of 2022
and W.M.P.Nos.13330, 13334 & 13339 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.Nos.14102, 14105 & 14110 of 2022
and W.M.P.Nos.13330, 13334 & 13339 of 2022
M.Selvam ... Petitioner
[in W.P.No.14102/2022]
M.Velanganni ... Petitioner
[in W.P.No.14105/2022]
P.Thenilavu ... Petitioner
[in W.P.No.14110/2022]
versus
The Executive Engineer,
Zone V,
Corporation of Chennai,
No.61, Basin Bridge Road,
Chennai - 600 021. ... Respondent
[in all WPs]
COMMON PRAYER: Writ Petitions are filed under Article 226 of the
Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling
for the records relating to the proceedings by the respondent in
Ma.Aa.Na.Ka.Nos.2622/2022, 2627/2022 and 18769/2022 and dated
19.05.2022 and quash the same and forbear the respondent, its men, agents,
subordinates, officials, representatives claiming through him from on any
manner interfering with the peaceful running of the petitioner's bunk shop at
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W.P.Nos.14102, 14105 & 14110 of 2022
and W.M.P.Nos.13330, 13334 & 13339 of 2022
No.104/53, Harris Road, Egmore, Chennai - 600 008; shop near 4th Gate,
Rajarathinam Stadium Compound, Rukmani Lakshmipathi Road, Egmore,
Chennai - 600 008; No.88, Mayor Ramanathan Road, Near Egmore
Vattatciyar Office, Chetpet, Chennai - 600 031 respectively, till the Township
Vending Committee constituted and decide the issue of granting certificate of
vending to the petitioner as per the provisions of “The Street Vendors
(Protection of Livelihood Regulation) Act, 2014”.
For Petitioner : Mr.G.Thamizharasu
[in all WPs]
For Respondent : M/s.P.T.Ramadevi
[in all WPs] Standing Counsel
COMMON ORDER
All Writ Petitions are filed to quash the proceedings of the
respondent dated 19.05.2022 and in running of the petitioners' bunk shop
selling tea, coffee, snacks and other food items by using LPG gas.
2. The petitioners in all these cases state that
representations was made to the respondent to permit the petitioners to
continue their business in the place originally they were doing business. The
said representations were rejected on the ground that the place in which the
petitioners seek permission is a busy area and that the permission will cause
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W.P.Nos.14102, 14105 & 14110 of 2022
and W.M.P.Nos.13330, 13334 & 13339 of 2022
health hazards and nuisance to the public. Challenging the independent orders
passed by the respondent, the above Writ Petitions are filed.
3. It is stated that the petitioners' applications ought to have
considered only under the provisions of The Street Vendors (Protection of
Livelihood Regulation) Act, 2014. Since no "street vendor" shall not be
evicted or as the case may be, relocated till the survey specified under Sub
Section(1) has been completed and the Certificate of Vending is issued to all
street vendors, it is stated that the applications ought to have considered by
the Town Vending Committee, which is constituted under the Act to deal
with the applications.
4. The learned counsel further submitted that the
Constitution of Town Vending Committee for Chennai City is held to be
illegal by a Division Bench of this Court and therefore the applications may
be directed to be considered by the new Town Vending Committee that may
be constituted as per the direction of this Court.
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W.P.Nos.14102, 14105 & 14110 of 2022
and W.M.P.Nos.13330, 13334 & 13339 of 2022
5. The learned counsel also relied upon the judgment of this
Court, in a similar case where the writ petitions are allowed, with a direction
to the respondent to place representations of the petitioner to the Town
Vending Committee to be constituted pursuant to the order of the Division
Bench of this Court. The impugned order challenging the Writ Petition also
was quashed by this Court earlier in similar cases.
6. Accordingly, all these Writ Petitions are allowed and the
orders impugned in these Writ Petitions are quashed. Representations of the
petitioners shall be forwarded to the New Town Vending Committee that may
be constituted pursuant to the direction of this Court earlier by order dated
27.04.2022 in W.P.No.6799 of 2022. The petitioners may be given
appropriate or sufficient opportunity of being heard when the applications of
the petitioners are considered by the Committee. Till such time, the
respondent shall maintain status quo. No costs. Consequently, connected
Miscellaneous Petitions are closed.
08.09.2022
Speaking order / Non-speaking order
Index : Yes / No
Internet : Yes
sri
S.S.SUNDAR, J.
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https://www.mhc.tn.gov.in/judis W.P.Nos.14102, 14105 & 14110 of 2022 and W.M.P.Nos.13330, 13334 & 13339 of 2022 sri To The Executive Engineer, Zone V, Corporation of Chennai, No.61, Basin Bridge Road, Chennai - 600 021.
W.P.Nos.14102, 14105 & 14110 of 2022 and W.M.P.Nos.13330, 13334 & 13339 of 2022 08.09.2022 5/5 https://www.mhc.tn.gov.in/judis