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Madras High CourtWP(MD)/5271/2022disposed of

Appachi.I v. The District Collector

2022-03-24Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).No.4289 of 2022 1.Appachi 2.Natarajan 3.Kembaiyan 4.Chinnaraj 5.Nagajothi 6.Kamatchi 7.Muthuraman 8.Surya 9.Punitha 10.Panchavarnam 11.Susaiammal 12.Nagarajan 13.Dhanalakhsmi 14.Stephenraj 15.Perumal ... Petitioners Vs.

1.The District Collector, Office of the Collector, Trichy.

2.The Commissioner, Trichy Municipality Corporation, Trichy.

... Respondents 1/3

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein not to interfere with the petitioners' peaceful conduct of the street vending business in Kaliamman Kovil Street, Trichy and to continue to do petitioners' business without any disturbances by the respondents herein on the basis of the petitioners' representation dated 07.03.2022. For Petitioners : Mr.B.Jameel Arasu For R-1 : Mr.D.Sasikumar, Additional Government Pleader.

For R-2 : Mr.R.Baskaran, Standing Counsel.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents not to interfere with the petitioners' peaceful conduct of the street vending business in Kaliamman Kovil Street, Trichy and to continue to do their business without any disturbance by the respondents based on the petitioners'

representation dated 07.03.2022 within a time frame to be fixed by this Court.

2. The petitioners are doing street vending business at Kaliamman Kovil Street, Trichy for the past several years. It is the contention of the petitioners that they have been issued identity cards for the said purpose. However, according to the petitioners, the respondents are attempting to evict them. In such circumstances, they have given a representation on 07.03.2022. Since the said representation has not been considered till date, they have filed this Writ Petition.

3. In similar circumstances in respect of Chathiram Bus stand area at Trichy, this Court had directed the official respondents to consider the representation of the street vendors and pass final orders and till such time, the official respondents were directed not to disturb the street vendors. The order dated 03.12.2021 passed by this Court in W.P.(MD).No.21428 of 2021 referred to supra has been placed before this Court.

4. In the case on hand also, the petitioners are street vendors, who claim that they have been doing the street vending business for the past several years. The subject area is also in Trichy as in the case of the Writ Petition, namely, W.P.(MD). No.21428 of 2021 referred to supra.

5. Admittedly, the petitioners' representation dated 07.03.2022 seeking protection of their street vending business has not been considered till date. Being street vendors and they claiming that they are eking out their livelihood only with the said business, this Court deems it fit to direct the second respondent to consider 2/3

the petitioners' representation dated 07.03.2022 requesting the respondents not to disturb their peaceful continuation of their street vending business at Kaliamman Kovil Street, Trichy and pass final orders on merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. Till final orders are passed, the status quo, as on date, shall be maintained by the respondents.

6. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Office of the Collector, Trichy.

2.The Commissioner, Trichy Municipality Corporation, Trichy.

+1 CC to M/s.R.BASKARAN, Advocate ( SR-14596[F] dated 25/03/2022 ) +1 CC to M/s.SPL GP ( SR-14508[F] dated 25/03/2022 ) 24.03.2022 MGJ(06.04.2022) 3P 5C 3/3