Kothagiri Nadaipathai Small- v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.15783 of 2016 Kothagiri Nadaipathai Small Merchants Association Society Registration No.5.29/85 represented by its President Padchaiyappan S/o Palaniyandi Market Road, Kothagiri Nilgiris District ..
Petitioner -vs1. The State of Tamil Nadu represented by its Secretary Rural Development Department Fort St.George Chennai 600 009
2. The Thasildar Kothagiri Taluk Kothagiri Nilgiris District
3. The Executive Officer Kothagiri Panchayat Kothagiri Nilgiris District ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 30.03.2016 in accordance with law and recognise the trade to continue to sell the products in the same place at Market Road (Old Police Station Road), Kothagiri, Nilgiris District, as per the Street Vendors Act and to secure the ends of justice.
For Petitioner ::
Mr.R.Sankarasubbu For Respondents ::
Mr.P.S.Sivashanmugasundaram Special Government Pleader for R1 & R2 Mr.S.Gomathinayagam Additional Advocate General https://hcservices.ecourts.gov.in/hcservices/
assisted by Mr.M.Dig Vijaya Pandian for R3
ORDER
(Order of the Court was delivered by HULUVADI G.RAMESH, J.) Heard the learned counsel for the petitioner and the learned Additional Advocate General for the third respondent for some time.
2. It appears that the members of the petitioner Association numbering 57 have made a representation to the Executive Officer, Kothagiri Town Panchayat, the third respondent herein to consider their case in accordance with law and to recognise their trade of vending clothes, fancy articles, vegetables, etc., in the place in question and as the said representation is pending consideration, the petitioner is before this Court.
3. In the light of the above, it is for the third respondent authority to consider the grievance of the petitioner Association on the basis of individual facts of the case and to pass appropriate orders in accordance with law/Regulations within a period of two months from the date of receipt of a copy of this order. The writ petition stands disposed of. Consequently, W.M.P.No.13707 of 2016 is closed. No costs.
-sd/- Assistant Registrar / TRUECOPY/ Sub-Assistant Registrar ss To
1. The Secretary to Government Rural Development Department Fort St.George, Chennai 600 009
2. The Thasildar Kothagiri Taluk Kothagiri, Nilgiris District
3. The Executive Officer Kothagiri Panchayat Kothagiri, Nilgiris District +1 cc to Government pleader SR.NO. 39162 +1 CC to MR.R.SANKARA SUBBS ADVOCATE SR.NO. 38620 +1 CC to MR.M.DIGVIJAYAPANDIAN Advocate SR.NO. 38589 pa[co] RD : 28/07/2016 https://hcservices.ecourts.gov.in/hcservices/