Ambathur Estate Salaiyora Sirukadai v. The Zonal Executive Engineer/
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.31004 of 2019 and W.M.P. No.31104 of 2019 Ambathur Estate Salaiyora Sirukadai Vyaparigal Sangam, (Ambathur Estate Roadside Petty Shop Trader's Association), rep. by its Secretary, No.43, Coramandal Town, SIDCO Menambedu Road, Pattaravakkam Railway Station, Chennai 600 098.
... Petitioner vs 1.The Zonal Executive Engineer/Chairman, Township Vending Committee, Zone VII, Corporation of Chennai, Chennai 600 057.
2.The Administrative Director, SIDCO, Ambathur Industrial Estate, Chennai 600 058.
3.Chennai Auto Ancillary Industrial Infrastructure Upgradation Company, represented by its Chairman G.Krishnamoorthy SIDCO Ambattur Industrial Estate, Ambattur, Chennai - 600 058.
... Respondents (R3 impleaded as per Court order dated 04.12.2019 in W.M.P. No.34272 of 2019) Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus forbearing the respondents their officials, men, agents or anybody claiming through or under them from in any manner interfering with the street vending/mobile vending business of the members of the petitioner association in the roadside margin of Ambattur Industrial Estate, SIDCO, Chennai 600 058, by using LPG Gas Stove except by following the procedures and regulations of
the Street Vendors (Protection of Livelihood and Regulation of the Street Vending) Act, 2014.
For Petitioner :
Mr.L.Chandrakumar For Respondents:
Mrs.Karthika Ashok, Standing Counsel for R1 Mr.J.Jaseem Mohamed for R2 Mr.Thomas T.Jacob for R3
ORDER
[Order of this Court was delivered by T.RAJA, J.] The petitioner has come to this Court with this writ petition, forbearing the respondents their officials, men, agents or anybody claiming through or under them from in any manner interfering with the street vending/mobile vending business of the members of their association in the roadside margin of Ambattur Industrial Estate, SIDCO, Chennai 600 058, by using LPG Gas Stove except by following the procedures and regulations of the Street Vendors (Protection of Livelihood and Regulation of the Street Vending) Act, 2014. 2.
Learned counsel appearing for the petitioner submitted that the members of the petitioner Association are running their business on the roadside margin of Ambathur Industrial Estate, by having small push cart shops, small bunk shops, petty shops and other modes of mobile vending for the past several years and there are about 48 members of the petitioner Association carrying on trading activities on the roadside of Ambathur Industrial Estate. Though the Ambathur Industrial Estate is belonging to the second respondent, the roads and the road side margin are vested with the first respondent, the Corporation of Chennai and normally, all the public are passing through the said road in Ambathur Industrial Estate.
Learned counsel for the petitioner further submitted that the Metro Transport buses are also plying through the above road of the Ambathur Estate to all parts of the City and the private vehicles, like cars, taxies, autos, commercial vehicles, bikes, cycles etc. are also plying through the road of the Ambathur Industrial Estate, which is situated within the Zone VII of the Corporation of Chennai and the members, who are very poor and downtrodden people, are used to sell coffee and snacks and preparing food items in their shops for the past several years for eking out their livelihoods. Only from the income derived from running of the above mobile vending shops, they are hardly maintaining their families with the meager income.
22 of the above Act, the Town Vending Committee has to be constituted by the Government in each local authority for each zone or ward in each local authority and as per Section 3 of the Act, survey of street vendors has to be conducted and subsequent survey shall be carried out atleast once in every five years. While so, the officials from the second respondent are taking hasty steps to evict the members from the places of Ambathur Industrial area. Therefore, the petitioner is before this Court seeking the above prayer.
3.Learned counsel for the second respondent, placing on record a Circular dated 07.11.2019, urged this Court to dismiss this writ petition as the Ambathur Industrial Estate Zone has been declared as non-vending zone by Circular dated 07.11.2019, issued by the Branch Manager, SIDCO Ambattur. Therefore, without questioning the correctness of the same, this writ petition is not legally maintainable. 4.We also fully agree with the submission made by the learned counsel for the second respondent. A perusal of the Circular dated 07.11.2019 issued by the Branch Manager, SIDCO Ambattur shows that the Ambathur Industrial Estate Zone has been declared as non-vending zone. Therefore, this writ petition is liable to be dismissed in the light of the above Circular. Accordingly, this writ petition stands dismissed. Consequently, W.M.P. No.31104 of 2019 stands closed. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vga To 1.The Zonal Executive Engineer/Chairman, Township Vending Committee, Zone VII, Corporation of Chennai, Chennai 600 057.
2.The Administrative Director, SIDCO, Ambathur Industrial Estate, Chennai 600 058.
+1 cc to Mr.Thomas T.Jacob, Advocate Sr.NO.26333 +1 cc to Mrs.Karthika Ashok, Advocate Sr.NO.26555 +1 cc to Mr.J.Jaseem Mohamed, Advocate Sr.NO.26531 +1 cc to Mr.R.Kamaraj, Advocate Sr.NO. 26438 W.P.No.31004 of 2019 and W.M.P. No.31104 of 2019 SMI(CO) A.SK(23/05/2022)