Muthulakshmi v. The Commissioner

1 W.P.(MD)No.13449 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13449 of 2020 and W.M.P.(MD)No.11223 of 2020 Muthulakshmi ... Petitioner Vs.

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

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

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 respondents from disturbing the petitioner's street vending business located at in front of Arasan Sweets, near Kadhi Bhavan, North Car Street at Tirunelveli City, except due process of law.

For Petitioner : Mr.T.Lenin Kumar For R1 & R2 : Mr.Aayiram K.Selvakumar For R3 to R4 : Mr.S.Angappan Government Advocate

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.S.Angappan, learned Government Advocate appearing for respondents 3 and 4. 1/4

2 W.P.(MD)No.13449 of 2020

2. The petitioner's case is that she is carrying on street vending business in the petition mentioned site. The learned counsel appearing for respondents 3 and 4 would state that there are no shops in the petition mentioned site. The petitioner would inform that she comes with a wooden box in the morning and she will go back with the said wooden box in the evening. According to the petitioner, she 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 her 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 (A.E) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 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.

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3 W.P.(MD)No.13449 of 2020 To:

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

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

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

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

+1 CC to the Government Advocate ( SR-19013[F] dated 05/10/2020 ) W.P.(MD)No.13449 of 2020 SMV(CO) CS(13.10.2020) 3P 6C 3/4