Madras High CourtWP(MD)/746/2024disposed of

Madurai Nagar Salaiyoram Mattrum Market Virppaniyalar Sangam v. The Principal Secretary To Government

2024-02-05Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and W.M.P(MD)Nos.755 and 756 of 2024 Madurai Nagar Salaiyoram Mattrum Market Virppaniyalar Sangam (Registration No.1171/MDU), rep. by its General Secretary, S.Santhiyagu Having Office at 19, Bharathiyar Road, Meleponnagaram, Madurai - 625 016.

... Petitioner -Vs1.The Principal Secretary to Government, Department of Municipal Administration and Water Supply Department, Secretariat, Chennai.

2.The Commissionerate of Municipal Administration, Office of the Commissionerate of Municipal, Administration, 3, MRC Nagar, Raja Annamalaipuram, Chennai, Tamil Nadu 600 028.

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3.The District Collector, Madurai District, Madurai - 625 020.

4.The Commissioner, Madurai Corporation, Anna Maligai, Madurai - 625 020.

5.The Commissioner of Police, Madurai City, Madurai - 625 007.

6.The Inspector of Police, S.S. Colony Police Station (Law & Order), Ellisnagar, Madurai - 625 016.

7.The Divisional Engineer, Highways Department, Alagarkovil Road, Madurai - 625 007.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents No.1 to 3 to direct the respondents Nos.4 and 5 to permit the petitioner members (as mentioned in the schedule annexed in the Typeset of Papers) to do their Street Vending Business on East and West of Bypass Road from Kalvasal to Government Transport Department in Madurai Corporation Ward No. 61 62 and 59 Madurai Corporation Zone-3, Madurai Town as per the provisions of The Street Vendors (Protection of Livelihood and Regulations of Street Vending ) Act 2014 and the Tamil Nadu Street 2/6

Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules, 2015 till the final notification of vending zone as per the circular of the 2nd respondent in R.O.C.No.20789/2021/UPA dated 08.09.2003 by considering the petitioner's representation dated 06.01.2024 within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mrs.K.Christy Thebaral Addl. Govt. Pleader (for R1 to R3 & R7) Mr.F.Deepak Standing Counsel (for R4) Ms.M.Aasha Govt. Advocate (crl. side) (for R5 & R6)

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus directing the respondents No.1 to 3 to direct the respondents Nos.4 and 5 to permit the petitioner association members to do their Street Vending Business on East and West of Bypass Road from Kalvasal to Government Transport Department in Madurai Corporation Ward No. 61 62 and 59 Madurai Corporation Zone-3, Madurai Town as per the provisions of The Street Vendors (Protection of Livelihood and Regulations of Street Vending ) Act 2014 and the Tamil Nadu Street Vendors (Protection of 3/6

Livelihood and Regulation of Street Vending) Scheme and Rules, 2015 till the final notification of vending zone as per the circular of the 2nd respondent in R.O.C.No.20789/2021/UPA dated 08.09.2003 by considering the petitioner's representation dated 06.01.2024, within the period stipulated by this Court.

2. It is seen that the members of the petitioner Association are the street vendors at Madurai. The officers from the respondents department used to visit then and there and tried to evict them from their place of vending. Hence, they filed the present writ petition. This Court is of the view that at this stage, the prayer sought for in this writ petition cannot be granted. However, the learned counsel for the petitioner seeks a liberty to the petitioner to approach the appropriate forum, viz., Street Vending Committee.

3.Accordingly, granting such liberty, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 05.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn 4/6

To 1.The Principal Secretary to Government, Department of Municipal Administration and Water Supply Department, Secretariat, Chennai.