P.Govindan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24/2/2020 C O R A M THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE TMT.TEEKAA RAMAN W.P.No.11430 of 2019

1. P. Govindan

2. M. Malairaj

3. A. Bavani

4. V. Vijaykanth

5. V. Anandan

6. M. Jaikumar

7. P. Selvi

8. S. Ramesh Kumar

9. M. Suriyakala

10. T. Maharaja

11. M. Saraswathi

12. E. Ravi

13. J. Bhuvaneshwari

14. A. Senthil Kumar

15. V. Edwin

16. K. Sundarraj

17. C. Balaji

18. S. Maliga

19. M. Jayaseelan

20. G. Venkatesan

21. A. Mohammed Usman

22. M. Selvaraj

...Petitioners

Vs

1. The Commissioner Corporation of Chennai Rippon Building Chennai 600 003.

2. The Chairman Zone V, Street Vending Committee Corporation of Chennai Chennai 600 018.

...Respondents

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct the respondents to confirm the place allotted to them and to allow

the petitioners to continue vending in the place allotted to them where they are now Hawking/vending at Egmore Railway Station North Side, Whannels Road, Egmore, Chennai 600 008, adjoining the compound wall of St. Andrew's Church, Egmore. For Petitioner :

Mr.R.Syed Mustafa For Respondents:

Mrs.Karthikaa Ashok

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Instant writ petition has been filed to direct the respondents to confirm the place allotted to the petitioners and allow them to continue vending in the place allotted, where they are now Hawking/vending at Egmore Railway Station North Side, Whannels Road, Egmore, Chennai 600 008, adjoining the compound wall of St. Andrew's Church, Egmore.

2. Today, when the matter is taken up for consideration, counter of the Town Vending Committee, Greater Chennai Corporation, Zone - V, has been filed by Mrs.Karthikaa Ashok, learned Standing Counsel for Corporation.

3. Though very many contentions have been raised in the affidavit, now, in view of the counter, it is not necessary for this Court to deal with the entire averments in the affidavit. However, the relevant paragraph of the counter is extracted hereunder, which would suffice to dispose of the writ petition. "I submit that in pursuance of the Hon'ble Court order in W.P.No.1049 of 2006, the Registrar, Hon'ble Court has conducted extensive inspection in the city and submitted a report to the Hon'ble Court mentioning the list of hawkers in each zone. The list furnished by the Registrar is verified with the petitioner and submitted that the petitioners are not in the part of the list, hence the petitioners are encroachers in the said place and therefore, they are liable to evicted from site.

I submit that thereafter Greater Chennai Corporation has conducted the field survey to find out the vendors on various places, during that time petitioners are seem to be on site. Therefore, petitioner's representation dated 1/4/019 will be placed before the Vending Committee and the decision taken on will be intimated to the petitioner."

4. Recording the above, nothing survives for further adjudication. Accordingly, writ petition is closed. No costs. Consequently, the connected Miscellaneous Petition is closed. -s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar To

1. The Commissioner Corporation of Chennai Rippon Building Chennai 600 003.

2. The Chairman Zone V, Street Vending Committee Corporation of Chennai Chennai 600 018.

+1 Cc to Mrs.Karthikaa Ashok, Advocate sr 15863. +1 CC to Mr.R.Syed Mustafa, Advocate sr 15621 W.P.No.11430 of 2019 SJ(CO) SP(28/02/2020)