Madras High Court
Shankaralingam vs The Special Commissioner on 5 July, 2021
W.A.No.3320 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.3320 of 2019
and C.M.P.No.21329 of 2019
Shankaralingam .. Appellant
Vs
1.The Special Commissioner
for Handicapped,
Office of the State Commissioner of Disabled
No.15/1, Model School Road,
Thousand Lights,
Chennai – 600 006.
2.The Chief Executive Officer,
Office of the Cantonment Board,
Parankimalai, St.Thomas Mount,
Chennai – 16
3.The Superintendent of Police,
Kancheepuram District,
Kancheepuram.
4.The Inspector of Police,
Pallavaram Police Station,
Chennai – 600 016. .. Respondents
Page 1 of 6
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W.A.No.3320 of 2019
Appeal filed under Clause 15 of Letters Patent against the order
dated 27.06.2019 made in W.P.No.11422 of 2019.
For Appellant : Mr.Lourdu Paul Maurya
For Respondents : No appearance for R1
Mr.C.Mohan
for M/s.King and Patridge for R2
Mr.S.John J Raja Singh
Government Counsel
for R3 & R4
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been preferred against the order of the learned
Single Judge, who upon considering the facts available, declined to
grant the relief sought for as it is not open to the appellant to insist
upon vending opposite to the Airport which is not permissible for
security reasons.
2. Learned counsel appearing for the appellant submitted that
the appellant is entitled for alternative accommodation and is a
physically challenged person.
3. Placing reliance upon the communication dated 16.04.2019,
Mr.Mohan, learned counsel appearing for the second respondent
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W.A.No.3320 of 2019
submitted that as of now there is no temporary stall or bunk which is
in existence which would come under the 10% quota. The process is
only by tender. As and when shops are available, the request of the
appellant would be considered. A memo has also been filed in tune
with the aforesaid submission, wherein it has been stated as follows:
2.Accordingly,the office of the St.Thomas Mount cum
Pallavaram Cantonment Board had examined the issue and
is pleased to report to this Hon'ble Court that 10%
reservation for persons with disability upon production of
disability certificate issued by the Commissioner for
disability and satisfied by this office will be provided in
tenders called for allotment of shops. The tenders for
allotment of shops/temporary structures shed will be called
once the existing period is completed and shall be as per
norms. This shall not be seen or construed as an admission
to any right of the appellant herein or similarly placed
persons and is purely voluntary at the instance of this
Hon'ble Court.
3.The above memo shall be taken on record and this
Hon'ble Court may be pleased to close the writ appeal by
confirming the order of the single Judge dated 27.06.2019
in W.P.No.11422 of 2019 and thus render justice.
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W.A.No.3320 of 2019
4. In view of the above, we do not find any reason to interfere
with the order of the learned Single Judge. There is no vested right for
the appellant to vend through his push chart over the place which is
not feasible for giving any licence due to security reasons. The
provisions of Street Vendors (Protection of Livelihood and Regulation of
Street Vending) Act, 2014 cannot be pressed into service against the
second respondent, who at best, can give permission for temporary
stalls and bunks. When there is no such shop or stall is available, one
cannot insist to give it to the appellant.
5. In such view of the matter, the writ appeal stands disposed of
while confirming the order of the learned Single Judge to consider the
case of the appellant in tune with the communication dated
16.04.2019 and the memo filed on behalf of the second respondent,
provided the appellant takes part in the tender process. The cost
imposed by the learned Single Judge stands removed. No costs.
Consequently, connected miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
05.07.2021
Index:Yes/No
mmi/ssm
https://www.mhc.tn.gov.in/judis/
W.A.No.3320 of 2019
To
1.The Special Commissioner
for Handicapped,
Office of the State Commissioner of Disabled
No.15/1, Model School Road,
Thousand Lights,
Chennai – 600 006.
2.The Chief Executive Officer,
Office of the Cantonment Board,
Parankimalai, St.Thomas Mount,
Chennai – 16
3.The Superintendent of Police,
Kancheepuram District,
Kancheepuram.
4.The Inspector of Police,
Pallavaram Police Station,
Chennai – 600 016.
https://www.mhc.tn.gov.in/judis/
W.A.No.3320 of 2019
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.3320 of 2019
05.07.2021
https://www.mhc.tn.gov.in/judis/
