S.Kannan, v. T.Nagar Resident Welfare

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.07.2019 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE R. MAHADEVAN WMP.Nos. 37047 to 37049 of 2016 in Rev.Aplw.SR.Nos.131870, 131874 &132637 of 2016 in WP.No.4566 of 2014

1. S. Kannan

2. B. Ali Mohammed

3. V. Saravanan

4. A. Mustafa

5. V. Rajap Khan

6. B. Suresh

7. Venkatachalam

8. V. Mani

9. R. Mannarsami

10. P. Saminathan

11. G. Sivakumar

12. N. Karthik

13. S. Suguna

14. V. Nataraj

15. P. Manogaran

16. Mohammed Hanifa

17. Muthu Mohammed

18. V. Kamatchi

19. V. Selvaraj

20. K. Siraj

21. A. Durai Samy

22. I. Nallamohamed

23. M. Mohammed Ali

24. S. Sameer Ahamed

25. S. Munir Basha

26. K. Karthik

27. M. Thangam

28. S. Vediyappan

29. M. Kumar

30. M. Mohammed Yakoof

31. M. Mohammed Meeran

32. K. Velmurugan

33. Sadiq

34. S. Nahoor Kani

35. H. Ramnath Joswal

36. K. Vinod Joswal

37. Prem Narayan Gupta

38. M.Musafar Kani

39. K. Manivasan

40. B. Riyaz

41. K. Rizwan

42. T. Abdul Vaisali

43. M. Kaleel Rahman

44. K. Manikandan

45. V. Sundar

46. S. Ansari

47. Sheik Mohammed

48. I. Jaalaludeen

49. I. Thameen Ansari

50. S. Kaleedullah

51. S. Jinnamohammed

52. A. Ashraf Ali

53. M. Mohammed Hussain

54. A. Murugesan

55. Senthil

56. K. Ajeez

57. S.P.J. Dass

58. S.P.J.Raja

59. J.Padmini

60. A. Rajesh

61. J.Sathish

62. M.Raja

63. S.Nagaraj

64. R.Sekar

65. V. Murugan

66. Mudali Ramaiah

67. S. Abdul Rahman

68. T. Velmurugan

69. M. Sugumar

70. A. Muthu Ali Selvam

71. M. Sathik

72. I. Ravichandran

73. R. Lakshmanan

74. S. Viswanathan

75. N.M. Abulhasan

76. M. Parthasarthy

77. Fazlur Rahman

78. V. Pazhani

79. M. Nalini .. Petitioners in WMP.No.37047 of 2016/3rd Parties "T.Nagar Usman Road, Nethaji Siru Kadai Viyabarigal Sangam"

Represented by its President, R.Rajan, Old No. 39, New No.2, Godown No.303,

Natesan Street, T.Nagar, Chennai - 600 017.

... Petitioner in WMP.No.37048 of 2016/3rd Parties Siva Vishnu Koil Sirukadai Viyabarigal Sangam Usman Salai, T.Nagar, Chennai - 600 017 Represented by its President S. Anbalagan ... Petitioner in WMP.No.37049 of 2016/ 3rd Party Vs.

1. T.Nagar Resident Welfare Association, (Registered No. 221 of 2011), Represented by its Treasurer, Mr.R.Mohan, No.30, Rangan Street, T.Nagar, Chennai 600 017.

2. State of Tamil Nadu, Rep. By the Secretary to Government, Municipal Administration and Water Supplies Department, Secretariat, Fort St.George, Chennai - 600 009.

3. State of Tamil Nadu, Rep. By the Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai - 600 009.

4. The Inspector General of Police, Santhome High Road, Chennai - 600 004.

5. The Commissioner of Police, Police Commissioner Office Road, Egmore, Chennai - 600 008.

6. Corporation of Chennai, Rep by its Commissioner, Ripon Building, Chennai - 600 003.

7. Hawking Zone Implementation Committee, (Committee constituted by the Hon'ble High Court, Madras) Represented by its Chairman, Justice (Retd) A. Ramamurthy, 7/6, 3rd Cross Street, R.A.Puram, Chennai - 600 028. .. Respondents in all W.M.Ps.

Common Prayer :

These petitions filed under Order 47 Rule 1 read with Section 114 of C.P.C. seeking to grant leave to the petitioner to file a third party review against the order dated 14.07.2016 in W.P.No.4566 of 2014 pending final disposal of the review petition.

For Petitioner : Mr.J.Saravana Vel in WMP.No.37049 of 2016 Mr.D.Nagasaila in WMP.Nos.37047 & 37048 of 2016 For Respondents : Mr.K.Ravi Kumar in all WMPs.

Additional Government Pleader COMMON ORDER [Order of the Court was delivered by T.S.Sivagnanam, J.] These petitions have been filed by 3rd parties seeking leave to file review petition to review the order passed in W.P.No.4566 of 2014.

2. The petitioners, in these review petitions, claim that they are street vendors. The reason for filing the review petition in the year 2016 is on account of the observations/directions issued by the Division Bench in paragraph 4 of the order dated 14.07.2016.

3. It is the submission of the learned counsel appearing for the petitioners that prior to the order passed in W. P. No.4566 of 2014, a similar issue was considered by the another Division Bench in batch of writ petitions in W.P.No. 18397 of 2014 and the writ petitions were finally disposed of on 30.09.2015. The learned counsel for the petitioner has drawn the attention of this Court to paragraph 28 of the order, which states that the vendors are protected under the statutory provisions, viz.

, SubSection (3) of Section 3 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter referred to as 'the Act') and as such, till the Town Vending Committee is constituted under the Provisions of the Act and a survey has made thereon, in accordance with the scheme, which is yet to be framed, the petitioners/members of the petitioner's association shall not be evicted from their place of business or trade. It is submitted that the petitioners, before us, were also the petitioners in batch of cases and the benefit of such order enure to its members. The resultant position is that the street hawkers have not been evicted till date.

4. In our considered view, there appears no ground to review the order passed by the Division Bench, more particularly, when in paragraph 5 of the order the interest of the petitioner's association has been protected, in the sense that there is an observation that the re-location of the hawkers would depend upon the Vending Committee being formed.

5. Thus in our view, at this juncture, the question of reviewing the order does not arise, as there is already an order passed by the Division Bench, which according to the petitioner is in their benefit and they are continuing in their business and trade.

6. Therefore, we close these petitions leaving it open to the petitioners to workout their remedy in accordance with law. No costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. State of Tamil Nadu, Rep. By the Secretary to Government, Municipal Administration and Water Supplies Department, Secretariat, Fort St.George, Chennai - 600 009.

2. State of Tamil Nadu, Rep. By the Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai - 600 009.

3. The Inspector General of Police, Santhome High Road, Chennai - 600 004.

4. The Commissioner of Police, Police Commissioner Office Road, Egmore, Chennai - 600 008.

5. Corporation of Chennai, Rep by its Commissioner, Ripon Building, Chennai - 600 003.

6. Hawking Zone Implementation Committee, (Committee constituted by the Hon'ble High Court, Madras) Represented by its Chairman, Justice (Retd) A. Ramamurthy, 7/6, 3rd Cross Street, R.A.Puram, Chennai - 600 028.

+1 CC to Mr.D.Nagasaila, Advocate sr 64652.

+1 CC to Mr.J.Saravanavel, Advocate sr 64351. WMP.Nos. 37047 to 37049 of 2016 in Rev.Aplw.SR.Nos.131870, 131874 &132637 of 2016 in WP.No.4566 of 2014 PP(CO) SP(19/09/2019)