Madras High Court
E.Uma vs The Commissioner on 19 November, 2021
W.P.No.24764 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2021
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.24764 of 2021
E.Uma ... Petitioner
-Vs-
1. The Commissioner
Greater Chennai Corporation,
Rippon Building,
Chennai - 600 003.
2. The Chairman
Zone V, Street Vending Committee,
Corporation of Chennai,
9, Chidambaram 7th Street, Basin Bridge,
Chidambaram Nagar,
Chennai - 600 001.
3. The Zonal Assistant Commissioner
Zone V, Street Vending Committee,
Corporation of Chennai,
9, Chidambaram 7th Street, Basin Bridge,
Chidambaram Nagar,
Chennai - 600 001.
4. The License Inspector,
Zone V, Street Vending Committee,
Corporation of Chennai,
No.45, M.C.Road,
Royapuram, Chennai - 600 013.
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W.P.No.24764 of 2021
5. The Assistant Revenue Officer
Zone V, Street Vending Committee,
Corporation of Chennai,
9, Chidambaram 7th Street, Basin Bridge,
Chidambaram Nagar,
Chennai - 600 001.
6. The Commissioner of Police (Greater Chennai)
Commissioner Office Building,
132, E.V.K.Sampath Road,
Vepery, Periyamet,
Chennai - 600 007.
7. The Inspector of Police
H1 Police Station,
No.28, T.H.Road, Old Washermenpet,
Chennai - 600 021. ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying
for the issuance of a Writ of Mandamus, directing the respondents 1 to 7 to
dispose the representation / complaint of the petitioner, dated 27.09.2021 to
allot a permanent vending place for her in the market as allocated to other
street vendors and till such time ensure a allocated vending place at M.C.Road,
Chennai for her livelihood.
For Petitioner : Mr.N.Gokula Rao
For Respondent : Mrs.P.T.Ramadevi
Standing counsel for R1 to R5
Mrs.Akila Rajendran
Government Advocate for R6 and R7
ORDER
The prayer sought for herein is for a writ of mandamus, directing the
respondents 1 to 7 to dispose the representation / complaint of the petitioner,
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W.P.No.24764 of 2021
dated 27.09.2021 and to allot a permanent vending place for her in the market
as allocated to other street vendors and till such time ensure a allocated
vending place at M.C.Road, Chennai for her livelihood.
2. The case of the petitioner is that, the petitioner is a street vendor and
she has been doing street vending business at a place called M.C.Road in
Chennai Corporation limit.
3. After the Supreme Court Judgment in the year 2010 as well as the
Street Vendors Act passed in this regard, the position of the petitioner, i.e., she
is a street vendor has been recognised and accordingly, Street Vending
Committee as well as Town Vending Committee constituted in this regard by
the respondent Corporation pursuant to the provisions of the Act, had issued
the certificate and I.D card for the petitioner to have the street vending at a
particular street called M.C.Road.
4. When that being so, according to the petitioner, trouble has started,
where another big textile shop, which had been located in the M.C.Road, in
order to extend their car parking facility, they allegedly driven the petitioner to
move out from the place, where he was already doing the street vending
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W.P.No.24764 of 2021
business. Therefore, in order to ensure a particular place in the M.C.Road for
the petitioner to have street vending business, he had given a representation to
the respondent Corporation on 27.09.2021. However, since the same has not
been considered and no such allotment has been given for the smooth running
of the street vending business of the petitioner, he has approached this Court
by filing the present writ petition.
5. Heard Mr.N.Gokula Rao, learned counsel appearing for the
petitioner, who having reiterated the afore stated, would seek indulgence of
this Court to issue a direction to the respondent Corporation.
6. Heard Mrs.P.T.Ramadevi, learned standing counsel appearing for the
respondent Corporation and Mrs.Akila Rajendran, learned Government
Advocate appearing for R6 and R7.
7. The learned standing counsel appearing for the respondent
Corporation has submitted that, if at all the petitioner has already been
recognised and an ID card to that effect has been given to her, recognising her
to continuous street vending business at the M.C.Road, which is one of the
permitted road to have the street vending business under the provisions of the
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W.P.No.24764 of 2021
Act, certainly the petitioner would continue to have the business of street
vending in the said street, wherein, if at all there is any trouble with regard to
the particular location in the said road or the street for the petitioner to have
the street vending business, the same would be rectified and in this regard, the
representation given by the petitioner, dated 27.09.2021 would be considered
objectively and decided on merits by passing an order identifying a spot in the
said M.C.Road for the purpose of street vending of the petitioner.
8. I have considered the said submissions made by the learned counsel
appearing for the parties and have perused the materials placed before this
Court.
9. In view of the limited scope of the prayer sought for in this writ
petition and having heard the learned counsel appearing for the parties,
especially the learned standing counsel appearing for the respondent
Corporation, this Court is of the view that, a direction can be given to the
respondent Corporation to consider the request of the petitioner and
accordingly, this writ petition is disposed of with the following order :
(i) There shall be a direction to the respondent
Corporation to consider the representation of the
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W.P.No.24764 of 2021
petitioner, dated 27.09.2021 and decide the same, after
giving an opportunity of being heard to the petitioner
with regard to the plea of the petitioner to allot a
particular place in the M.C.Road for continuously
running the street vending business of the petitioner, for
which, the petitioner has already been identified and
recognised and an I.D card also has been given to by the
authorities concerned under the provisions of the Act.
(ii) The needful as indicated above shall be undertaken
by the respondent Corporation within a period of four
weeks from the date of receipt of a copy of this order.
10. With these directions, this writ petition is disposed of. No costs.
19.11.2021
Index : Yes / No
Speaking order / Non-speaking order
tsvn
To
1. The Commissioner
Greater Chennai Corporation,
Rippon Building,
Chennai - 600 003.
2. The Chairman
Zone V, Street Vending Committee,
Corporation of Chennai,
9, Chidambaram 7th Street, Basin Bridge,
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W.P.No.24764 of 2021
Chidambaram Nagar,
Chennai - 600 001.
3. The Zonal Assistant Commissioner
Zone V, Street Vending Committee,
Corporation of Chennai,
9, Chidambaram 7th Street, Basin Bridge,
Chidambaram Nagar,
Chennai - 600 001.
4. The License Inspector,
Zone V, Street Vending Committee,
Corporation of Chennai,
No.45, M.C.Road,
Royapuram, Chennai - 600 013.
5. The Assistant Revenue Officer
Zone V, Street Vending Committee,
Corporation of Chennai,
9, Chidambaram 7th Street, Basin Bridge,
Chidambaram Nagar,
Chennai - 600 001.
6. The Commissioner of Police (Greater Chennai)
Commissioner Office Building,
132, E.V.K.Sampath Road,
Vepery, Periyamet,
Chennai - 600 007.
7. The Inspector of Police
H1 Police Station,
No.28, T.H.Road, Old Washermenpet,
Chennai - 600 021.
https://www.mhc.tn.gov.in/judis
W.P.No.24764 of 2021
R. SURESH KUMAR, J.
tsvn
W.P.No.24764 of 2021
19-11-2021
https://www.mhc.tn.gov.in/judis
