G.Mohammed Faried v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA and W.M.P.Nos.1086, 1095, 1097 and 1100 of 2023 W.P.No.1096 of 2023:

G.Mohammed Faried .. Petitioner Vs.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the truck "Hot Wagon" near Anna School compound, 4th main road, 1/8

For Petitioner : M/s.A.G.Shakeenaa For Respondents : Mr.D.B.R.Prabhu Standing Counsel W.P.No.1103 of 2023:

1.Goutham Sharan 2.Balaji.H 3.Abdul Rahman Sadiq.P .. Petitioners Vs.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the truck "Mr. MoNo" near Anna School compound, 4th main road, 2/8

For Petitioners : M/s.A.G.Shakeenaa For Respondents : Mr.D.B.R.Prabhu Standing Counsel W.P.No.1106 of 2023:

T.A.Mohammed Maahin Ibrahim .. Petitioner Vs.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the truck "Lasso Kitchen" near Anna School compound, 4th main road, For Petitioner : M/s.A.G.Shakeenaa For Respondents : Mr.D.B.R.Prabhu Standing Counsel C O M M O N O R D E R (Order of the Court was delivered by V.M.VELUMANI, J.) 3/8

Writ Petition in W.P.No.1096 of 2023 is filed for forbearing the respondents from interfering with the running of the petitioner's food truck "Hot Wagon" near Anna School compound, 4th main road, Petitioner's representation dated 27.12.2022 is considered and decided as

2. Writ Petition in W.P.No.1103 of 2023 is filed for forbearing the truck "Mr. MoNo" near Anna School compound, 4th main road,

3. Writ Petition in W.P.No.1106 of 2023 is filed for forbearing the 4/8

truck "Lasso Kitchen" near Anna School compound, 4th main road,

4. By consent of both the learned counsel appearing for the petitioners as well as Mr.D.B.R.Prabhu, learned Standing Counsel, who takes notice for the respondents, these writ petitions are taken up for final disposal at the stage of admission itself.

5. Heard the learned counsel appearing for the petitioners as well as Mr.D.B.R.Prabhu, learned Standing Counsel appearing for the respondents and perused the entire materials on record.

6. The learned counsel appearing for the petitioners submitted that the petitioners are street vendors in the locality mentioned in their affidavits filed in support of the respective writ petitions. The Parliament 5/8

has enacted "The Street Vendors (Protection of Livelihood Regulation) Act, 2014" protecting the interests of all street vendors by regulating their business. Pursuant to the said Act, the State Government formed a 'Town Vending Committee' and conducted survey with regard to enumeration process of collecting details of names of vendors, nature of vending, area/place of vending and taking photographs etc., and issue Street Vending ID Card and Certificate of Vending. According to the learned counsel appearing for the petitioners, the officials of the respondents/Corporation came to the place of business and threatened the petitioners. In such circumstances, the petitioners have sent a representation dated 27.12.2022 to the respondents for issuance of ID Card and Certificate of Vending. Since the respondents have not taken any action, the petitioners have come out with the present writ petitions.

7. The learned Standing Counsel appearing for the respondents submitted that the Town Vending Committee formed by the State Government was set aside by the First Bench of this Court by order dated 27.04.2022 made in W.P.No.6799 of 2022. Now, the respondents are taking steps to form a new committee. He further submitted that on formation of new committee, the petitioners' representation dated 6/8

27.12.2022 will be considered on merits.

8. Considering the above submissions of the learned counsel appearing for the petitioners as well as learned Standing Counsel appearing for the respondents, the respondents are directed to consider the representation of the petitioners' dated 27.12.2022 on formation of the new committee. Till such time, the respondents are restrained from taking any coercive steps against the petitioners.

9. With the above directions, the Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. (V.M.V., J) (R.H., J) 12.01.2023 Index : Yes / No dm 7/8

V.M.VELUMANI, J.

and R.HEMALATHA, J.

dm To 12.01.2023 8/8