Madras High CourtWP/23493/2021disposed of

Sirkali Nagara Anaithu v. The District Collector

2021-11-01Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P. No. 23493 of 2021 Sirkali Nagara Anaithu Vanigargal Nala Sangam represented by its President No.21/10C, Thadalankizha Veedhi Sirkali 609 110 .. Petitioner

Versus

1. The District Collector Mayiladuthurai District Mayiladuthurai

2. The Revenue Divisional Officer Sirkali Taluk, Sirkali Mayiladuthurai District

3. The Commissioner Sirkali Municipality Sirkali

4. The Superintendent of Police Mayiladuthurai District Mayiladuthurai

5. The Inspector of Police Sirkali Town Police Station Sirkali .. Respondents Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to take action on the representation made by the petitioner dated 18.08.2021 in accordance with law and within the time frame fixed by this Court.

For Petitioner :

Mr. Sarath Charan for M/s. K.M.Vijayan Associates For Respondents :

Mr. G. Krishnaraja, Government Counsel

ORDER

This writ petition has been by the Petitioner Association praying to issue a Writ of Mandamus directing the respondents to take action on the representation made by them on 18.08.2021 within a time frame that may be fixed by this Court.

2. The petitioner is a registered Society formed for the benefit of traders in Sirkali Town. The members of the petitioner's Society are doing business with valid license in the Sirkali Town. Due to wide spread of Covid-19 Pandemic, the Government of Tamilnadu had imposed certain conditions under the Disaster Management Act 2005 and the first respondent herein is the authority to implement the same. Due to upcoming Deepavali festival, the first respondent imposed certain conditions to maintain social distance between the customers and to provide clean environment inside and outside the shops etc.

3. It is the case of the petitioner that as per Tamilnadu District Municipalities Act 1920, license is required to do any business and there is also prohibition under section 180 and 185 to do certain activities. While so, there is a threat from the hawkers, who are proposing to put their shops in front of th petitioner shops for the Deepavali festival, which gives way for the spread of various diseases, as the cleanliness of the environment could not be maintained properly due to the act of the hawkers. Further, since there is no license or permission given to such hawkers, there is equally no guidelines to prevent such unauthorised hawkers.

4. It is the further case of the petitioner that section 133 of Code of Criminal Procedure deals with the conduct of any trade, which is injurious or harmful to public health and the Code empowers the second respondent for removal of any nuisance. Under section 142 of the Code, the second respondent is having power to prevent imminent danger or serious kind of injuries to the public. Pointing out the above facts, the petitioner association has given a representation dated 18.08.2021 to the respondents to take action against the unlawful and unauthorised hawkers, but till date, no action was taken. Hence the petitioner has filed the present writ petition.

5. The learned counsel for the petitioner fairly submitted that it would be suffice if the learned Government Counsel gives appropriate instructions to the authorities for regulating the hawkers who are proposing to put up their shops on the eve of Deepavali festival.

6. The learned Government Advocate, in reply, submitted

that proper regulatory measures had already been taken in this regard.

7. In view of the above, recording the statement made by the learned Government Counsel for the respondents, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar msr /rsh To

1. The District Collector, Mayiladuthurai District, Mayiladuthurai.

2. The Revenue Divisional Officer, Sirkali Taluk, Sirkali, Mayiladuthurai District.

3. The Commissioner, Sirkali Municipality, Sirkali.

4. The Superintendent of Police, Mayiladuthurai District.

Mayiladuthurai.

5. The Inspector of Police, Sirkali Town Police Station, Sirkali.

6. The Public Prosecutor, High Court, Madras.

+1cc to the Government Pleader, S.R.No.57174 WP No. 23493 of 2021 SPD(CO) SU(26/11/2021)