S.Zahir Hussain v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.10921 of 2020 S.Zahir Hussain ... Petitioner Vs.

1. The Commissioner, Tirunelveli City Municipal Corporation,

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

3. The Assistant Commissioner of Police, Tirunelveli Town, Tirunelveli City.

4. The Inspector of Police, Tirunelveli Town police station, Tirunelveli City.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from disturbing the petitioner's street vending business located at opposite to R.M.K.V., North Car Street at Tirunelveli City, except due process of law.

For Petitioner : Mr.T.Lenin Kumar For R-1 & R-2 : Mr.Aayiram K.Selvakumar For R-3 & R-4 : Mr.P.Mahendran, Additional Government Pleader.

O R D E R

Heard, Mr.T.Lenin Kumar, learned counsel appearing for the writ petitioner and Mr.Aayiram K.Selvakumar, learned Standing counsel appearing for respondents 1 and 2 and Mr.P.Mahendran, learned Additional Government Pleader appearing for respondents 3 and 4.

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2. The petitioner's case is that he is carrying on street vending business in the petition mentioned site. The learned Additional Government Pleader appearing for respondents 3 and 4 would state that there are no shops in the petition mentioned site. This is also not in dispute. The petitioner would inform that he comes with a push cart in the morning and he will go back with the said push cart in the evening. According to the petitioner, he has not put up even a temporary structure. It is not in dispute that the site in question is a non-vending zone. But then, the petitioner is yet to be accommodated in the vending zone.

3. Mr.Aayiram K.Selvakumar, learned Standing counsel states that the proposal is pending and it is likely to be finalised shortly. The respondent Corporation is taking steps to relocate the petitioner to a vending zone. Since the process of identifying the alternative place and relocation is presently going on, the respondents are directed not to disturb the petitioner during the business in the petition mentioned site. The moment the alternative site is identified, the petitioner has to shift his business to the allotted site.

4. In fact, direction on similar lines has been passed by a learned Judge of this Court in W.P.(MD)No.328 of 2018 vide order dated 05.03.2018 (A.Syed Sulaiman V. The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli and 3 Others). The writ petition stands allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Commissioner, Tirunelveli City Municipal Corporation, 2/3

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

3. The Assistant Commissioner of Police, Tirunelveli Town, Tirunelveli City.

4. The Inspector of Police, Tirunelveli Town police station, Tirunelveli City.

+1 CC to SGP ( SR-18540[F] dated 30/09/2020 ) 29.09.2020 SVN(CO) NR (08.10.2020) 3P 6C 3/3