Madras High CourtWP(MD)/20612/2015allowed

C. Eswari v. The District Collector

2017-09-01Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.20612 of 2015 and M.P.(MD) Nos.1 and 2 of 2015 C.Eswari ... Petitioner Vs.

1. The District Collector, Dindigul District Dindigul.

2. The Superintendent of Police, Dindigul District, Dindigul.

3. The Inspector of Police, Thandikudi Police Station, Dindigul District.

4. The Additional Divisional Engineer, Highways Department, (Maintenance and Construction) Athoor, Dindigul District.

5. The President, Manalur Village Panchayat, Perumbarai, Athoor Taluk, Dindigul District.

6.Chitra ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarifed Mandamus, to call for records pertaining to the proceedings of the 4th respondent in Memorandum No.Encroachment/2015/dated 11.11.2015 and quash the same as illegal and consequently direct the 1st respondent to provide protection to the petitioner for carrying on petitioner petty mobile shop business in the Village Road proamboke comprised in Survey No.73, Manalur Village, Perumbarai,

Athoor Taluk, Dindigul District in consonance with the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.M.Govindan, Special Government Pleader for RR1 to 5 Mr.R.Murugan for R6

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner is eking out her livelihood by vending with the aid of a mobile cart. The fourth respondent herein issued the impugned notice dated 11.11.2015, calling upon the writ petitioner to remove the said encroachment.

2.It is seen that the sixth respondent has already moved the civil Court in O.S.No.419 of 2015 on the file of the District Munsif, Dindigul. It is for the sixth respondent to pursue her remedies against the writ petitioner in the said civil proceedings.

3.In such view of the matter, this Court quashes the impugned memorandum dated 11.11.2015 issued by the fourth respondent. The learned counsel for the petitioner states that the petitioner has not put up any construction temporary or permanent. All that she is having is only a mobile cart. She is not in any way an obstruction to the road traffic. This submission of the learned counsel for the petitioner is placed on record. 4.The writ petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To