Madras High CourtWP(MD)/12814/2020disposed of

Seenivasan v. The Commissioner

2023-10-04Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.10875 of 2020 Seenivasan, S/o.Viswanathan .. Petitioner

Versus

1.The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.

2.The Chairman, Town Vending Committee, Tirunelveli City, Tirunelveli.

3.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli District.

4.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from disturbing the petitioner's street vending business, located at opposite to A.R.C. Re-trading Company, Near SBI ATM, Vannarpettai, 1/5

Thiruvananthapuram Road at Tirunelveli District, except due process of law.

For Petitioner :

Mr.T.Lenin Kumar For R1 and R2 :

Mr.Aayiram K.Selvakumar Standing Counsel For R3 and R4 :

Mr.R.Sivakumar Government Advocate (Criminal side)

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, forbearing the respondents from disturbing the petitioner's street vending business, located opposite to A.R.C. Re-trading Company, Near SBI ATM, Vannarpettai, Thiruvananthapuram Road at Tirunelveli District.

2. When the matter came up for hearing on 05.10.2020, it was informed to this Court by the learned Standing Counsel appearing on behalf of the respondents 1 and 2 that the Corporation does not have any objection for the petitioner carrying out the street vending business in the concerned place, since it is located in the vending zone. 2/5

3. The learned Government Advocate (Criminal side) appearing on behalf of the respondents 3 and 4 submitted that the petitioner is continuing to do the business in the vending zone.

4. In view of the above, since the petitioner has been given an Identity Card by the respondent Corporation and he is carrying on the business in the vending zone, there is no need to interfere with the business of the petitioner, except by due process of law.

5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 04.10.2023 Index : Yes/No smn2 To 1.The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.

2.The Chairman, Town Vending Committee, Tirunelveli City, Tirunelveli.

3/5

3.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli District.

4.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

4/5

N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.12814 of 2020 and W.M.P.(MD)No.10875 of 2020 04.10.2023 5/5