ORDER

Mrs.P.T.Ramadevi, learned Standing Counsel takes notice on behalf of the respondents.

2.This writ petition has been filed forbearing the 3rd respondent, their officials, servants from in any manner interfering with the running of the petitioner's bunk shop running bunk shop, opposite to out gate of Jayant Tech Park, Padmini Garden Street, Nandambakkam, Chennai – 600 089, wherein selling Tea, Coffee, snacks and food items till the Township Vending committee is constituted as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014.

3.Earlier the petitioner had filed a writ petition in W.P.No.43360 of

2016 batch etc., which came to be disposed by the Hon'ble Division Bench of this Court vide its order dated 16.12.2016. The said writ petition was disposed by directing the petitioner to approached the Town Vending Committee and to take appropriate decision.

4.Thereafter, the petitioner had approached this Court once again in W.P.No.10975 of 2018 vide its order dated 28.04.2018 almost a similar relief, for a mandamus to direct the respondents 2 and 3 to consider and pass orders on the petitioner's representation dated 22.04.2018 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 made for granting permission or certificate of vending and till such time not to disturb with the running of the petitioner's bunk shop at Jayant Tech Part, Opp to Outgate padmini Garden Street, Nangambakkam, Chennai – 600 089, by selling tea, coffee, snacks and food items. Relevant portion from the said order reads as under:-

“In the light of the above facts and submission, this Court, without going into merits of the case, directs the petitioner to give fresh representation to the Vending committee within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation, the Vending Committee shall consider the same and pass orders, on merits and in accordance with law, within a period of three months therefrom, after providing an opportunity of personal hearing to the petitioner. Till such time, the respondents shall not take any coercive action against the petitioner.

6. With the above observation and directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.”

5.It is submitted that respondents are now refusing to pass orders stating that the petitioner's representation will be considered, once appropriate Town Vending Committee is constituted.

6.The learned counsel for the respondents on the other hand would submit that recently the Hon'ble First Bench of this Court in W.P.No.6799 of 2022 dated 27.04.2022 has holding that the Town Vending committee is constituted hitherto was not in accordance with the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 and therefore a proposal was sent for reconstituting the same to the Government and that new Town Vending Committee is in due course of time in lying with the decision of the Hon'ble First Bench of this Court in W.P.No.6799 of 2022 dated

27.04.2022.

7.I have considered the arguments advanced by the learned counsel for the petitioner and the learned counsel for the respondents.

8.As a matter of fact, a similar order has been passed in W.P.No.21636 of 2022 which came to be disposed on 24.08.2022. This Court had also taken note of the decision of the Hon'ble First Bench of this Court in W.P.No.6799 of 2022 vide order dated 27.04.2022.

9.Considering the fact that the petitioner's representation is pending and since the Street Vendors committee is yet to be constituted, I am inclined to dispose this writ petition by directing the respondents to consider the petitioner's plight after the Town Vending committee is constituted in accordance of the order dated 27.04.2022 in W.P.No.6799 of 2022 in consonance with the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014. Pending such exercise,