The petitioner has come to this Court seeking issuance of a writ of mandamus, directing the respondents to consider his representation dated 31.12.2016, as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, for granting permission or certificate of vending and till such time not to disturb with the running of the petitioner's bunk shop opposite to No.217, Kodambakkam High Road, opposite to T.P.Automax near Corporation Diagnostic Centre, Chennai 600 034 for selling tea, coffee and food items.
2. Learned counsel for the petitioner submitted that the petitioner is running a bunk shop opposite to No.217, Kodambakkam High Road, opposite to T.P.Automax, near Corporation Diagnostic Centre, Chennai for the past several years by selling tea, coffee and food items in a hygienic manner and thereupon earning a meagre sum to eke out his livelihood. As his bunk shop no way disturbs the general public or the free flow of traffic, he has given a representation on 31.12.2016 to the second respondent requesting him to grant permission or certificate of vending for continuing his bunk shop business and a copy thereof was also sent to the first respondent. Since his representation has to be considered by the Street Vending Committee headed by the second respondent, the same requires to be considered. In similar circumstances, W.P.Nos.18677 of 2014 etc., were filed and this Court, while disposing of the said writ petitions by order dated 3.9.2015, has held that till the constitution of the Town Vending Committee, there shall be no threat with regard to the running of the bunk shops. In the present case, as the petitioner is apprehending interference from the respondents and if he is dispossessed without any notice, his livelihood would be totally smashed. Therefore a direction should be issued to the second respondent to consider his representation dated 31.12.2016, as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 for granting permission or certificate of vending and till such time not to disturb the running of the petitioner's bunk shop in the place in question.
3. Mr.P.V.Selvakumar, learned standing counsel takes notice on behalf of the respondents.
4. The petitioner mentions in the affidavit that he has been running the bunk shop opposite to No.217, Kodambakkam High Road, opposite to T.P.Automax, near Corporation Diagnostic Centre, Chennai for several years. As held by the Hon'ble First Bench in its order dated 3.9.2015 in W.P.Nos.18677 of 2015 batch, whether a bunk shop is to exist or not, if it is to exist, at what location or whether there is need for some other measures of rehabilitation by regulated vending through other methodology are the aspects the committee would have to examine. Therefore, the second respondent-Zonal Engineer, Zone IX, Corporation of Chennai, who is the Chairperson, Street Vending Committee is hereby directed to consider and dispose of the petitioner's representation dated 31.12.2016 within a period of four weeks from the date of receipt of a copy of this order. The writ petition stands disposed of. No costs.