M.Mugilan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2025 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA M.Mugilan ... Petitioner in W.P.No.1065/2025 T.Vasu ... Petitioner in W.P.No.1069/2025 -Vs-

¶1The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003. ... 1st Respondent in both W.Ps

¶2The Zonal Executive Engineer (Zone IV), (Chairman, Township Vending Committee), Corporation of Chennai, Chennai - 600 012. ... 2nd Respondent in W.P.No.1065/2025

¶3The Chairperson / Zonal Executive Engineer Zone X, (The Township Vending Committee), Corporation of Chennai, Chennai - 600 024. ... 2nd Respondent in W.P.No.1069/2025 PRAYER in W.P.No.1065 of 2025 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the second respondent to consider and pass orders on the petitioner's application dated 23.09.2024 made for grant of permission / certificate of vending and till such time not to interfere with the running of the petitioner's bunk shop near Samundeeswari Temple, opposite to Indian Oil Petrol Bunk, Old Slaughter Street, Choolai, Chennai - 600 112, wherein selling tea, coffee, snacks and other food items therein. PRAYER in W.P.No.1069 of 2025 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the second respondent to consider and pass orders on the petitioner's application dated 24.10.2024 made for grant of permission / certificate of vending and till such time not to disturb with the running of the petitioner's bunk shop near Door No.1, Mambalam High Road, corner of Pillaiyar Koil Sandhu, Opposite to Akalya Apartments, T.Nagar, Chennai - 600 017, wherein selling tea, coffee, snacks and other food items therein. For Petitioners in both W.Ps : Mr.R.Kamaraj For Respondents : Mr.E.C.Ramesh (W.P.No.1065/25) Standing Counsel (W.P.No.1069/25) : Mr.A.Arunbabu Standing Counsel C O M M O N O R D E R (Order of the Court was made by R.SURESH KUMAR, J.) Since the issue raised in both these writ petitions are one and the same, with the consent of the learned counsel appearing for both sides, these writ petitions have been heard together and are disposed of by this common order.

¶2That the respective writ petitioners claimed that they have been running the bunk shops in the given locality, i.e., in respect of W.P.No.1065 of 2025, the petitioner claimed that he is running a bunk shop at Samundeeswari Temple, opposite to Indian Oil Petrol Bunk, Old Slaughter Street, Choolai, Chennai - 600 112. In respect of W.P.No.1069 of 2025, the petitioner claimed that he is running a bunk shop in Door No.1, Mambalam High Road, corner of Pillaiyar Koil Sandhu, Opposite to Akalya Apartments, T.Nagar, Chennai - 600 017. Both the writ petitioners claimed that they have been running the respective bunk shops and in order to get licence for permission under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for brevity, hereinafter referred to as 'the Act'), necessary applications in prescribed format have been filed by these petitioners on

23.09.2024 and 24.10.2024 respectively and to consider the said applications by the respondent Corporation through the Town Vending Committee and to pass orders thereon on merits within a time frame, seeking mandamus, these writ petitioners have been filed.

¶3Heard Mr.R.Kamaraj, learned counsel appearing for the petitioners and Mr.E.C.Ramesh, learned Standing Counsel appearing for the respondents in W.P.No.1065 of 2025 and Mr.A.Arunbabu, learned Standing Counsel appearing for the respondents in W.P.No.1069 of 2025.

¶4Both the learned Standing Counsel appearing for the respective respondents would submit that, the applications submitted in format by the respective petitioners would be considered by the Town Vending Committee on merits and in accordance with law within a time frame stipulated and an order to that effect would be passed.

¶5Having regard to the said submissions made by the learned counsel appearing for both sides, especially the stand taken by both the learned Standing Counsel for the respondent Corporation, this Court is inclined to dispose of these writ petitions with the following orders: that there shall be a direction to the respondents through the Town Vending Committee to decide the applications submitted by the respective petitioners in format under the Act and decide the same on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

¶6With these directions, these Writ Petitions are disposed of. However, there shall be no order as to costs. (R.S.K., J.) (A.D.J.C., J.)

17.02.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To

¶1The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

¶2The Zonal Executive Engineer (Zone IV), (Chairman, Township Vending Committee), Corporation of Chennai, Chennai - 600 012.

¶3The Chairperson / Zonal Executive Engineer Zone X, (The Township Vending Committee), Corporation of Chennai, Chennai - 600 024. W.P.Nos.1065o&o1069oofo2025 R.SURESHoKUMAR,oJ. ando A.D.JAGADISHoCHANDIRA,oJ. vji W.P.Nos.1065o&o1069oofo2025

17.02.2025