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2017 Supreme(Mad) 1258

IN THE HIGH COURT OF JUDICATURE AT MADRAS
INDIRA BANERJEE, M. SUNDAR, JJ.
'River Power of the Women' - Petitioner
Vs.
The Commissioner, Greater Corporation of Chennai - Respondents
W.P. Nos. 14253 to 14257 of 2017 & W.M.P. Nos. 15458 to 15462 of 2017
Decided On : 09-06-2017

Advocates Appeared:
For the Petitioner: Mr. L. Chandrakumar
For the Respondents: Mr. R. Arunmozhi, Mr. M.K. Subramanian

The Street Vendors (Protection of Livelihood Regulation) Act, 2014 provisions must be adhered to in the consideration of street vending activities, and the objectives of the petitioner-trust for the rehabilitation of destitute women should be taken into account in decision-making processes.

Headnote:

Mandamus - Mobile Vending Van Business - Street Vendors (Protection of Livelihood Regulation) Act, 2014 - [Section 3, Section 4, Section 5, Section 6, Section 7, Section 8, Section 9] - The court directed the Vending Committee to consider the petitioner's representation in accordance with the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and the Rules framed thereunder within a period of eight weeks from the date of Communication of this order. The court also emphasized the importance of the Trust's objectives for the rehabilitation of destitute women and providing them with decent livelihood, and expected the Vending Committee to take a sympathetic approach in their decision-making process.

Fact of the Case:

The writ petitions were filed to issue a writ of mandamus to the concerned Inspectors of Police, to allow the running of a mobile vending van business by the members of the petitioner-trust at specific locations. The petitioner also sought permission to continue the business until the official respondents decide on their application for a Certificate of Vending.

Finding of the Court:

The court directed the Vending Committee to consider the petitioner's representation in accordance with the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and the Rules framed thereunder within a period of eight weeks. The court emphasized the importance of the Trust's objectives for the rehabilitation of destitute women and providing them with decent livelihood, and expected the Vending Committee to take a sympathetic approach in their decision-making process.

Issues: Interference with mobile vending van business, consideration of petitioner's representation by Vending Committee, and the Trust's objectives for the rehabilitation of destitute women.

Ratio Decidendi: The Vending Committee must consider the petitioner's representation in accordance with the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and the Rules framed thereunder within a period of eight weeks. The Trust's objectives for the rehabilitation of destitute women and providing them with decent livelihood should be taken into account by the Vending Committee.

Final Decision: The court directed the Vending Committee to consider the petitioner's representation within eight weeks and expected a sympathetic approach considering the Trust's objectives. The writ petitions were disposed of with the given directions and observations.

ORDER :

M. Sundar, J.

These five writ petitions have been filed with prayers to issue a writ of mandamus to the fourth respondent in the petitions, i.e., concerned/jurisdictional Inspectors of Police, from interfering with the running of a mobile vending van business (mobile eateries vending food items, coffee, tea etc.), which, according to the writ petitioners' counsel, is being carried on by the members of the petitioner-trust at the places referred to in the prayer portion, i.e., Janaki Avenue, near Chennai Municipality Open Park, MRC Nagar, Chennai 600 028 (WP.14253/2017); Venkatnarayanan Road, near Natesan Park Gate, T. Nagar, Chennai 600 017 (WP.14254/2017); G.N. Chetty Road, near Jeeva Park Gate, Chennai 600 017 (WP.14255/2017); Tidal Park Gate, near Rajiv Gandi Salai, Taramani, Chennai 600 013 (W.P.No.14256/2017); opposite to Ramanujam I.T. Park, Taramani, Chennai 600 113 (W.P.No.14257/2017).

2. A further limb of the prayers in these writ petitions is that till the official respondents 1 to 3 decide the petitioner's application dated 15.04.2017 made before the Vending Committee for grant of Certificate of Vending, the petitioner may be allowed to continue to run the above vending business.

3. Mr. Arunmozhi, learned Standing Counsel, accepts notice on behalf of respondents 1 to 3 and Mr. M.K. Subramanian, learned Government Pleader, accepts notice on behalf of fourth respondent/concerned/jurisdictional Inspectors of Police.

4. An order dated 10.05.2017 made in W.P.No.12297 of 2017 (filed by the same writ petitioner-Trust) is brought to our notice and the order may be usefully extracted and the same reads as follows:-

1. This Writ Petition has been filed seeking a direction to Respondents 1 to 3 to consider the petitioner's representation dated 15.04.2017 in accordance with the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and to grant permissions/Certificate of vending to the members of the petitioner trust. An Interim Order has been sought restraining the respondents from interfering with the business of the members of the petitioner till such time the representation is considered and disposed of.

2. Learned counsel for the petitioner submits that though the petitioner approached the vending committee, no decision has been taken so far.

3. We direct the vending committee to take a decision on the representation of the petitioner dated 15.04.2017 in accordance with law and in particular, the provisions of the street vendors (Protection of Livelihood Regulation) Act, 2014 and the Rules framed thereunder within a period of eight weeks from the date of Communication of this order.

4. The Writ petition is disposed of accordingly. No costs. Consequently, the above WMP is closed.

5. It has not been disputed that the above said representation made by the petitioner dated 15.04.2017 in accordance with the provisions of the Street Vendors (Protection of Livelihood Regulation of Street Vending) Act, 2014, is now pending with the Vending Committee. We are informed that the third respondent/Zonal Executive Engineer, Corporation of Chennai, Zone-13, Adayar, Chennai 600 020 is the Chairperson of the Township Vending Committee.

6. It is also brought to our notice that the writ petitioner before us is a trust and that it is a public trust which has been formed with the objectives of empowering poor women working in the informal sector and to organise self-employment strategies for women, for social and economic empowerment of destitute women, etc. In his submissions, Mr. L. Chandrakumar, learned counsel for the writ petitioner, submitted that the Trust works for destitute women and that the above mobile eateries are run by them.

7. Owing to all that have been stated supra, in the facts and circumstances of this case, we deem it appropriate to direct the third respondent before us, i.e., the Chairperson/Zonal Executive Engineer, Corporation of Chennai, Zone-13 (Township Vending Committee), Adayar, Chennai 600 020





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