Madras High Court
R.Nagajothi vs The Commissioner on 31 August, 2023
W.A.No.542 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 31.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
THE HONOURABLE R.JUSTICE P.B.BALAJI
W.A.No.542 of 2020
R.Nagajothi ... Appellant
Vs.
1. The Commissioner, Corporation of Chennai,
Ribbon Buildings, Chennai 600 003.
2. The Chairperson/ Zonal Executive Engineer,
Zone No.8, (The Township Vending Commitee)
Corporation of Chennai, Chennai 600 030. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside
the order dated 17.07.2019 passed by this Court in W.P.No.19547/2019
dated 17.07.2019.
For Appellant : Mr.G.M.Ananthakumar
for Mr.L.Chandrakumar
For Respondents : Not ready
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.No.542 of 2020
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
This writ appeal has been filed by the writ petitioner to set aside
the order passed in W.P.No.19547/2019 dated 17.07.2019, wherein, the
request of the appellant/writ petitioner for granting certificate of
vending was rejected by the learned single judge.
2. The brief facts leading to the filing of the writ appeal is as
follows.
The appellant/ writ petitioner is running a bunk shop near
Chetpet police Booth, Mayor Ramanathan Salai, Chepet, Chennai for
the past several years and selling coffee, snacks and food items. The
officials of the respondent had frequently threatened the appellant to
remove the bunk shop and hence, she had applied for granting
certificate of vending to the second respondent/Town vending
committee. But, her representation dated 13.06.2019 was not
considered, as per the provisions of the Street Vendors (Protection of
Livelihood Regulation) Act, 2014. Hence, she filed the above writ
petition and it was dismissed by the learned Single Judge. Hence, she
https://www.mhc.tn.gov.in/judis
W.A.No.542 of 2020
filed the instant writ appeals.
3. Heard the learned counsel for the appellant we have perused
the materials on record.
4. The learned Single Judge, after considering the submission of
both side, has held as " the name of the appellant/ writ petitioner was
not found in the list of enumeration done by the Town Vending
Committee in the year 2016-2017. She has newly put up the present
shop and has sought for permission/certificate of vending under the
Street Vendors (Protection of Livelihood Regulation) Act, 2014 and
therefore, the request of the petitioner to direct the respondents to
consider her representation cannot be entertained by way of writ
petition."
5. It is the contention of the learned counsel appearing for the
appellant that, the respondents have not properly conducted the
enumeration process to issue street vending identity card and many
eligible persons were omitted to be included in the enumeration
https://www.mhc.tn.gov.in/judis
W.A.No.542 of 2020
process for the past 2 1/2 years. Hence, he sought for direction to the
authorities concerned to grant certificate of vending to the appellant to
run the shop in the place in question.
6. As per the provisions of the above Act, the appellant should
establish that already, she has been granted permission to run the bunk
shop and her name has been included in the enumeration process.
However, there is no iota of evidence to prove that the appellant has
been granted permission to run the said vending business in the
particular locality. Therefore, we are not satisfied with the contention
of the appellant and there is no ground to interfere with the order
passed by the learned single judge.
7. Accordingly, this writ appeal is dismissed. No costs.
(D.K.K., J.) (P.B.B., J.)
31.08.2023
Index:Yes/No
Internet:Yes/No
mst
https://www.mhc.tn.gov.in/judis
W.A.No.542 of 2020
To
1. The Commissioner, Corporation of Chennai,
Ribbon Buildings, Chennai 600 003.
2. The Chairperson/ Zonal Executive Engineer,
Zone No.8, (The Township Vending Commitee)
Corporation of Chennai, Chennai 600 030.
https://www.mhc.tn.gov.in/judis
W.A.No.542 of 2020
D. KRISHNAKUMAR, J.
AND
P.B.BALAJI, J.
mst
W.A.No.542 of 2020
31.08.2023
https://www.mhc.tn.gov.in/judis
