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Madras High CourtWP(MD)/466/2019disposed of

M.Dhandapani, v. The State Of Tamil Nadu

2022-09-14Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.466 of 2019 and W.M.P.(MD) No.414 of 2019 M.Dhandapani ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by The Commissioner of Municipal Administration, Department of Municipal Administration & Water Supply, State of Tamil Nadu, Fort St.George, Chennai.

2.The Commissioner,, Karur Municipal Corporation, Office of Karur Municipal Corporation, Karur, Karur District.

3.The District Collector, Office the District Collector, 4.The Superintendent of Police, Office of the Superintendent of Police, 5.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Karur Division, 1/6

6.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karur Town Sub Division, 7.The Inspector of Police, Karur Town Police Station, 8.The Inspector of Police, Karur Town Traffic Police Station, 9.Mr.Marimuthu, The Inspector of Police, Karur Town Traffic Police Station, ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents not to disturb the street vendors for carrying on day to day business from Southern side of Karur Bus stand (Coimbatore road) to Prem Mahal near Thirukambuliyur circle in Karur town, Karur, Karur District within the time stipulated by this Honourable Court.

For Petitioner : Mr.R.Alagumani For Respondents 1, 3 & 5 : Mr.G.V.Vairam Santhosh Additional Government Pleader For 2nd Respondent : Mr.K.Balasubramani Standing Counsel For Respondents 4, 6 to 9 : Mr.T.Senthil Kumar Additional Public Prosecutor * * * 2/6

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the Respondents not to disturb the street vendors for carrying on day to day business from Southern side of Karur Bus stand (Coimbatore road) to Prem Mahal near Thirukambuliyur circle in Karur town, Karur, Karur District within a time frame.

2.

Heard Mr.R.Alagumani, learned counsel for the petitioner, Mr.G.V.Vairam Santhosh, learned Additional Government Pleader appearing for respondents 1, 3 & 5, Mr.K.K.Balasubramani, learned Standing Counsel appearing for the 2nd respondent and Mr.T.Senthil Kumar, learned Additional Public Prosecutor appearing for respondents 4, 6 to 9.

3.

In paragraph No.8 of the counter affidavit the second respondent has stated as follows:- "8. I submit that the place sought in this writ petition is comes under the Non vending zone. The vending committee has regularly constituting the committee and 3/6

taking effective steps to regulate the street vendors as Tamil Nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015."

4.

Since the second respondent has negated the claim of the petitioner stating that the place sought in this writ petition comes under the Non vending zone, this Writ Petition is disposed of with liberty to the petitioner to approach the authorities suggesting another area for consideration. No costs. Consequently, connected Miscellaneous Petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 14.09.2022 Internet : Yes / No Index : Yes / No sj To 1.The Commissioner of Municipal Administration, Department of Municipal Administration & Water Supply, State of Tamil Nadu, Fort St.George, Chennai.

2.The District Collector, Office the District Collector, 3.The Superintendent of Police, Office of the Superintendent of Police, 4/6

5.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Karur Division, 6.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karur Town Sub Division, 7.The Inspector of Police, Karur Town Police Station, 8.The Inspector of Police, Karur Town Traffic Police Station, 5/6

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj W.P(MD)No.466 of 2019 14.09.2022 6/6