Avadi Anna Square Small v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH & W.M.P.No.37275 of 2017 Avadi Anna Square Small Vendors General Welfare Association Rep by its Treasurer No.6 Railway Station Road, Avadi, Chennai - 54.

...Petitioner

Vs.

The Inspector of Police (L & O) T-6, Avadi Police Station, Chennai - 54.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondent from interfering the petitioner's association members doing the street vending business at the vending area of Avadi Railway Station Road to Avadi Anna Square, Avadi, Chennai54.

For Petitioner : Mr.P.Vijendran For Respondent : Mr.M.Alagu Gowtham Government Advocate

O R D E R

The petitioner is the Avadi Anna Square Small Vendors General Welfare Association that has sought a mandamus forbearing the respondent being the Inspector of Police from interfering with the business carried on by the petitioner association in the Avadi Railway Station Road leading to the Avadi Anna Square.

2. The petitioner appears to be an habitual litigant and had filed several Writ petitions seeking similar/identical relief.

3. One such Writ petition is W.P.No.16458 of 2017, where, in addition to the present respondent, who is arrayed as 4th respondent, District Collector/R1, Tiruvallur District, the Commissioner/R2, Municipality of Avadi and the Assistant Engineer/R3, Highways Department were also parties.

4. The prayer in that Writ petition was for a Mandamus directing the formation of the Town Vending Committee and to issue identity cards to the street vendors. The same was disposed on 25.07.2018 directing the R2 to do the needful in light of the (Protection of Livelihood and regulation of Street Vending) Act 2014.

5. According to the learned counsel for the petitioner, nothing has been done till date in light of the direction already solicited and obtained from this Court.

6. I am thus of the considered view that Mandamus cannot be granted in light of the narration above. This Writ petition is dismissed as the petitioner may well pursue the order obtained in W.P.No.16458 of 2017 on 25.07.2018. No Costs. Connected miscellaneous petition is closed. 03.01.2023 mpl Index : Yes/No Speaking Order/Non speaking Order To The Inspector of Police (L & O) T-6, Avadi Police Station, Chennai - 54.

DR.ANITA SUMANTH,J.

mpl & W.M.P.No.37275 of 2017 03.01.2023