Ramakrishnan, M/A.26 Years v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Twenty Ninth day of October Two Thousand Twenty PRESENT The Hon`ble Mr Justice N.KIRUBAKARAN and The Hon`ble Mr Justice KRISHNAN RAMASAMY REV.APPL No.214 of 2018 against WA.No.1084 of 2018 1 S.GOVINDAN [ APPELLANTS] 2 S.SEKAR 3 G.SIVAGAMI 4 R.SENTHILKUMAR 5 A.MOHAMMED MUQTIAR 6 K.SAKTHIVEL 7 R.MADHESWARAN 8 R.BALAMURUGAN 9 R.SIVAKUMAR 10 MANORANGITHAM A 11 G.KRISHNAMOORTHY 12 L.JOHNY KHAN 13 K.MANNU 14 P.PAZHANI 15 G.SUBRAANIYAN (APPELLANTS 2 TO 15 IMPLEADED VIDE ORDER OF COURT DT.29.10.2020. MADE IN CMP.NOS.6328 & 12001 OF 2020 IN REV.APPL.NO.214 OF 2018 (NKKJ & KRJ).

Vs 1 THE DIRECTOR OF TOWN PANCHAYAT, [ RESPONDENTS ] KURALAGAM, CHENNAI 600 108.

2 THE DISTRICT COLLECTOR, VILLUPURAM DISTRICT, VILLUPURAM.

3 THE EXECUTIVE OFFICER, THIRUKKOVILUR TOWN PANCHAYAT, THIRUKKOVILUR, VILLUPURAM DISTRICT.

Review application under order XLVII Rule 1 & 2 R/w Section 114 of Civil Procedure Code review the order dated 23/07/2018 made by this Honourable Court in WA.No.1084 of 2018 by this Lordships Mr.Justice N.Kirubakaran and Mr.Justice Krishnan Ramasamy dated 23.07.2018 (in Rev.Appl.No.214/2018) Order : This appeal coming on for orders upon perusing the appeal and the affidavit filed in support thereof and upon hearing the arguments of MR.N.L.RAJAH Senior Counsel for M/S.K.VENKATESWARAN, Advocate for the 1st appellant and MR.M.VENUGOPAL Advocate for 2 to 15 appellants and of MR.PRATHAP SINGH Government Advocate on behalf of the Respondents the court made the following order:-

ORDER

[Order of the Court was passed by N. KIRUBAKARAN, J.] This Court, vide order dated 24.08.2018, in Rev.Appl.Nos.214 to 219 of 2018 and C.M.P.Nos.14561 to 14565 of 2018, passed the following order:

"Heard Mr.N.L.Rajah, learned senior counsel, for Mr.R.Venkateswaran, learned counsel for the review petitioners; Mr.M.Venugopal, learned counsel who undertakes to file review applications on behalf of the other petitioners and Mr.Prathap Singh, learned Government Advocate.

2. Though the learned senior counsel appearing for the review petitioners would submit that the petitioners would come under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, prima facie it appears to be not justifiable, as the review petitioners are paying yearly license/lease amount to the local body. Moreover, place is required for development of the bus stand.

3. However, considering the fact that livelihood of the review petitioners and similarly placed persons (totalling 67) is involved, it is appropriate to direct the Thirukkovilur Town Panchayat to find out as to whether there is any possibility of giving alternate site to them, in case of eviction from the present site. The officer, who is present

before this Court, would submit that appropriate instruction will be obtained from the higher authority. Till such time, the petitioners as well as similarly placed persons (totalling

67) shall not be evicted."

2. The abovesaid order, dated 24.08.2018, passed by this Court in Rev.Appl.No.214 to 219 of 2018 and C.M.P.Nos.14561 to 14565 of 2018, shall also be applicable to the newly impleaded Review Applicants in Rev.Appl.No.214 of 2018, until further orders.

3. Post the matter after eight weeks -sd/- 29/10/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE DIRECTOR OF TOWN PANCHAYAT, KURALAGAM, CHENNAI 600 108.

2 THE DISTRICT COLLECTOR, VILLUPURAM DISTRICT, VILLUPURAM.

3 THE EXECUTIVE OFFICER, THIRUKKOVILUR TOWN PANCHAYAT, THIRUKKOVILUR, VILLUPURAM DISTRICT.

Order in REV.APPL.214/2018 Date :29/10/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 23/11/2020