Madras High CourtWP(MD)/6776/2015disposed of

Sun Set Bazar Vyabarial Nala v. The Union Of India,

2017-06-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 21.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.6776 of 2015 Sun Set Bazar Vyabarial NalaSangam, Reg. No.70/2007, Kanyakumari - 629 702.

Rep. by its President, Mr.Thangasamy.

..Petitioner Vs 1.The Union of India, Rep. by Secretary to Government, Ministry of Eradication of Poverty & Employment Development Department, Nirman Bhavan, New Delhi - 110 011.

2.The Secretary to Government, Municipal Administration & Water Supply Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 002.

3.The District Collector, Office of the District Collector, Kanyakumari District.

4.The Chairman, Kanyakumari Town Panchayat, Kanyakumari District.

5.The Executive Officer, Kanyakumari Town Panchayat, Kanyakumari District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents 4 and 5 herein, from exercising the power of relocating or shifting or evicting by virtue of Sec.18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

For Petitioner :Mr.C.Christopher For Respondent :Mr.S.Jeyasingh CGSC for R1 For Respondent :Mr.Aayiram K.Selvakumar for R2 to R5 https://hcservices.ecourts.gov.in/hcservices/

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus forbearing the respondents 4 and 5 herein, from exercising the power of relocating or shifting or evicting by virtue of Sec.18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

2.Heard Mr.C.Christopher, learned counsel appearing for the petitioner and Mr.Aayiram K.Selvakumar, learned counsel appearing for the respondents.

3. By consent of both parties, the main Writ Petition itself is taken up for disposal.

4. Considering the limited scope of the prayer sought for in the Writ Petition, without going into the merits of the case, this Court directs the third respondent to consider the representations of the Petitioner, dated 20.04.2015 and 21.04.2015 on merits and in accordance with law and pass orders on the same, after providing opportunity to the necessary parties, if any, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /Truecopy/ Sub Assistant Registrar To 1.The Secretary to Government, The Union of India Ministry of Eradication of Poverty & Employment Development Department, Nirman Bhavan, New Delhi - 110 011.

2.The Secretary to Government, Municipal Administration & Water Supply Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 002.

3.The District Collector, Office of the District Collector,Kanyakumari District. 4.The Chairman, Kanyakumari Town Panchayat,Kanyakumari District. 5.The Executive Officer, Kanyakumari Town Panchayat,Kanyakumari District. MR/TA MAS/MR-KKR/SAR2:24.08.2017:2P-6C W.P(MD)No.6776 of 2015 21.06.2017(2/2) https://hcservices.ecourts.gov.in/hcservices/