Arun v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.5041 of 2022 1.Arun 2.Manikandan 3.Shahul Hameed ... Petitioners vs.
1.The District Collector, Office of the Collector, Trichy.
2.The Commissioner, Trichy Muncipality Corporation, Trichy.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein not to interfere with our peaceful conduct of the street vending business in Chatiram Bus Stand, Trichy and to continue to do our business without any disturbances by the respondents herein on the basis of our representation, dated 04.04.2022.
For Petitioner :Mr.B.Jameel Arasu For R1 :Mr.B.Saravanan Additional Government Pleader For R2 :Mr.R.Baskaran Standing Counsel *****
O R D E R
This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents herein not to interfere with the peaceful conduct of the street vending business in Chatiram Bus Stand, Trichy, by the petitioners and to continue to do their business without any disturbances by the respondents based on the petitioners' representation dated 04.04.2022. 1/3
2.The petitioners are doing street vending business in Chathiram Bus Stand, Trichy for the past several years. However, according to the petitioners, the respondents are attempting to evict them. In such circumstances, they have given a representation on 04.04.2022. Since the said representation has not been considered till date, they have filed this Writ Petition.
3. In similar circumstances in respect of the same 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 the same 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 04.04.2022 seeking protection for 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 the petitioners' representation dated 04.04.2022 requesting the respondents not to disturb their peaceful continuation of their street vending business at Chathiram Bus Stand, 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) cmr 2/3
To The District Collector, Office of the Collector, Trichy.
+1 CC to M/s.SPL.GP ( SR-17962[F] dated 11/04/2022 ) Order made in 07.04.2022 PA(18.04.2022) 3P 3C 3/3