Ganesan v. The District Collector

W.P.(MD)No.8825 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.8825 of 2022 & WMP(MD)No.6421 of 2022 Ganesan ... Petitioner vs.

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

2.The Commissioner, Trichy Municipality 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 the petitioner's peaceful conduct of the street vending business in nearby Aavin at Central Bus Stand, Trichy city and to continue to do the petitioner business without any disturbances by the respondents herein on the basis of the petitioner representation dated 20.04.2022.

For Petitioner :Mr.B.Jameel Arasu For R1 :Mr.M.Lingadurai Special 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 nearby Aavin at Central Bus Stand, Trichy city, by the petitioner and to continue to do his business without any disturbances by the respondents based on the petitioner's representation dated 20.04.2022. 2.The petitioner is doing street vending business in nearby Aavin at Central Bus Stand, Trichy city, for the past several years. However, according to the petitioner, the respondents are attempting to evict him. In such circumstances, he has given a representation on 20.04.2022. Since the said representation has not been considered till date, he has 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8825 of 2022 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 petitioner is the street vendor, who claims that he has 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 petitioner's representation dated 20.04.2022 seeking protection for his street vending business has not been considered till date. Being a street vendor and claiming he is eking out his livelihood only with the said business, this Court deems it fit to direct the second respondent to consider the petitioner's representation dated 20.04.2022 requesting the respondents not to disturb the peaceful continuation of his street vending business in nearby Aavin at Central Bus Stand, Trichy city, 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 directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Office of the Collector, Trichy.

2.The Commissioner, Trichy Municipality Corporation, Trichy.

+1 CC to M/s.SPL.GP ( SR-23303[F] dated 04/05/2022 ) Order made in W.P.(MD)No.8825 of 2022 29.04.2022 GM(CO) GC(18.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2