A.Anandan v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP.No.3455 of 2019 and WMP.No.3760 of 2019 A. Anandan ...

Petitioner Vs

1. The State of Tamil Nadu rep. by its District Collector Coimbatore District Coimbatore.

2. The Sub Collector Pollachi Revenue Department Pollachi.

3. The Executive Engineer Public Welfare Department Aliyar Water Supply Pollachi.

4. Executive Officer Kottur Panchayat Coimbatore.

... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 17.12.2018 and permit me to run the Street Vending shop near the Aliyar Dam Park, Pollachi Taluk, Coimbatore District. For Petitioner :

Dr. S. Manoharan For Respondents:

Mr. B. Anand Government Advocate

O R D E R

The prayer in the Writ Petition is to direct the respondents to consider the representation of the petitioner dated 17.12.2018 and permit the petitioner to run the Street Vending shop near the Aliyar Dam Park, Pollachi Taluk, Coimbatore District.

2. The learned counsel for the petitioner would submit that the petitioner is running the vending shop without littering and polluting the areas, maintaining cleanliness, complied with Section 15 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014. The petitioner was running the vending shop with proper licence and identity card issued by the Town Vending Committee according to Section 6 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 and hence he was allowed to continue his sales near to the Aliyar dam park. The PWD Department who is maintaining the said park, is attempting to remove the shops from the above place. Therefore, the present writ petition has been filed before this Court, seeking the aforesaid prayer.

3. Considering the limited scope of prayer sought for by the petitioner, without expressing any opinion on the merits of the case, this Court is inclined to direct the 3rd respondent to consider the representation of the petitioner dated 17.12.2018, on merits and in accordance with law and pass orders as expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of this order. It is needless to state that the petitioner is at liberty to submit a fresh representation along with a copy of this order to the 3rd respondent.

4. The Writ Petition is disposed of, with the above direction at the stage of admission itself. Consequently, the connected Miscellaneous Petition is closed. No order as to costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar avr

To

1. The District Collector Coimbatore District Coimbatore.

2. The Sub Collector Pollachi Revenue Department Pollachi.

3. The Executive Engineer Public Welfare Department Aliyar Water Supply Pollachi.

4. Executive Officer Kottur Panchayat Coimbatore.

+1cc to Dr. S. Manoharan, Advocate sr.no.10198 WP.No.3455 of 2019 and WMP.No.3760 of 2019 ks(co) nr 18/03/2019