Mrs.Vijayalakshmi v. The Chiarman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.32824 of 2018 Vijayalakshmi .. Petitioner Vs 1 The Chairman Hawking Zone Implementation Committee No.7/6, R.A.Puram, 3rd Street Raja Annamalaipuram Chennai - 600 027.
2 The Commissioner Corporation of Greater Chennai Rippon Building Chennai - 600 003.
3 The Deputy Commissioner of Police Office of the Deputy Commissioner Adayar Range, Adayar Chennai - 600 020.
4 The Inspector of Police (Law and Order) Pazavanthangal Police Station Pazhavanthangal Chennai - 600 114.
5 The Inspector of Police (Traffic) Pazhanvanthangal Transport Department Pazhanvanthangal Chennai - 600114.
6 Town Vending Committee Greater Chennai Corporation Zone No.12, No.1, New Street Alandur, St.Thomas Mount Chennai - 600 016.
.. Respondents (R6 - Impleaded as per order dated 26.07.2019 in WMP.No.18560/2019) PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to implement the provision of Street Vendors Protection of Livelihood and Regulation of Street Vending Act-7 of 2014 and in any event not to evict the petitioner without following the procedures to regularize the petitioner under Section 12(1) of the Act 2016 and completed in terms of Act 2009 Policy. For Petitioner : Mr.N.Moorthi For Respondents : Mr.R.Arunmozhi for respondents 1, 2 and 6 Mr.S.N.Parthasarathi Government Advocate for respondents 3 to 5
ORDER
(Order of the Court was made by M.DURAISWAMY,J.) The above writ petition has been filed by the petitioner to issue a writ of mandamus directing respondents 1 and 2 to implement the provision of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and not to evict the petitioner without following the procedures to regularize the petitioner under Section 12(1) of the Act 2016 and as contemplated under Act 2009.
2. The petitioner is apprehending that she may be evicted from the place in dispute by the respondents and, therefore, she has filed the writ petition.
3. Mr.R.Arunmozhi, learned counsel appearing for the second respondent/Corporation of Chennai submitted that the respondent Corporation is not going to evict the petitioner without a final decision being taken by the sixth respondent. Further, the learned counsel submitted that only if the sixth respondent, i.e., Town Vending Committee, comes to the conclusion that the petitioner is carrying on business in a non-vending zone, the respondent/Corporation will take action to remove the petitioner from the encroached portion. The said submission made by the learned counsel for the respondent Corporation is recorded.
In view of the above, no further orders are required to be passed in this writ petition and the same is disposed of accordingly. No costs. Consequently, W.M.P.No.38031 of 2018 is closed.
-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar sasi To:
1 The Chairman Hawking Zone Implementation Committee No.7/6, R.A.Puram, 3rd Street Raja Annamalaipuram Chennai - 600 027.
2 The Commissioner Corporation of Greater Chennai Rippon Building Chennai - 600 003.
3 The Deputy Commissioner of Police Office of the Deputy Commissioner Adayar Range, Adayar Chennai - 600 020.
4 The Inspector of Police (Law and Order) Pazavanthangal Police Station Pazhavanthangal Chennai - 600 114.
5 The Inspector of Police (Traffic) Pazhanvanthangal Transport Department Pazhanvanthangal Chennai - 600114.
6 Town Vending Committee Greater Chennai Corporation Zone No.12, No.1, New Street Alandur, St.Thomas Mount Chennai - 600 016.
+1 CC to The Govt. Pleader sr 70501.
+1 CC to Mr.S.Saravanan, Advocate sr 70797.
+1 CC to M/s.R. Arunmozhi, Advocate sr 70453. W.P.No.32824 of 2018 PPA(CO) SP(13/09/2019)