N.Vijayabharathi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2025

CORAM

THE HONOURABLE Mr JUSTICE R. SURESH KUMAR AND THE HONOURABLE Mr.JUSTICE A.D. JAGADISH CHANDIRA N.Vijayabharathi .. Petitioner Vs.

The Commissioner Corporation of Cuddalore Bharathi Salai Cuddalore 607 001 .. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus forbearing the respondent, their officials, servants from in any manner interfering with the running of the petitioner's food vending shop viz., AVR Fast Food at No.8, Sub-Jail Road, Manjakuppam, Cuddalore 607 001 and permit the petitioner to run his shop pending disposal of his application for issuance of identity card by the Vending Committee as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act. For Petitioner : Mr.D.Kumaralingam For Respondent : Mr.P.Srinivas Standing Counsel 1/5

O R D E R

(Made by R. SURESH KUMAR, J.) The prayer sought for in this writ petition is for a writ of mandamus forbearing the respondent, their officials, servants from in any manner interfering with the running of the petitioner's food vending shop viz., AVR Fast Food at No.8, Sub-Jail Road, Manjakuppam, Cuddalore 607 001 and permit the petitioner to run his shop pending disposal of his application for issuance of identity card by the Vending Committee as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act.

2. It is the claim of the petitioner that he has been running a street vending viz., AVR Fast Food at No.8, Sub-Jail Road, Manjakuppam, Cuddalore, which of his business though had already been registered as a street vending, the officials of the respondent municipal corporation are trying to evict him. Therefore, seeking a prohibitory order, he filed the present writ petition.

3. Heard both sides and perused the materials placed before this Court.

4. The learned counsel appearing for the respondent municipal corporation would submit that the place in which the petitioner claimed to have been running a 2/5

street vending business is a ground i.e., ikjhdk;. Therefore, in that place, he cannot be permitted any more to run the shop. But, at the same time, whether any alternative place can be suggested to him after getting a declaration to that effect from the Town Vending Committee, which has already been formed, that would be decided later.

5. In view of the said stand taken by the learned counsel appearing for the respondent municipal corporation, we are inclined to dispose of this writ petition with the following directions :

i. The respondent municipal corporation shall consider the request of the petitioner for the purpose of grant of any alternative site, in order to continue his street vending business and in this regard, after getting necessary recommendation from the Town Vending Committee, orders can be passed by the respondent municipal corporation.

ii. Till such time, the present street vending run by the petitioner need not be disturbed.

With the above directions, this writ petition stands disposed of. No costs. (R.S.K., J.) (A.D.J.C., J.) gya 19.03.2025 3/5

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R. SURESH KUMAR, J.

AND A.D. JAGADISH CHANDIRA, J.

gya To The Commissioner Corporation of Cuddalore Bharathi Salai Cuddalore 607 001 19.03.2025 5/5