M.Arumugam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE M.Arumugam ... Petitioner Vs
1. The District Collector, Dindigul District, Dindigul.
2. The Commissioner, Palani Municipality, Dindigul 624 601.
3. The Joint Commissioner / Executive Officer, Arulmigu Thandayuthabani Swami Thirukovil, Palani.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/6
respondents to permit the petitioner to continue his hawking as Moving Street Vendor of selling Hand Craft Items by carrying on his head and hands by roaming throughout Girivala Veethi, Arulmigu Thandayuthabani Swami Thirukovil in Palani Taluk, Dindigul District as per the Street Vendors (Protection of Livelihood and Regulations of street Vending) Act, 2014, the Tamil nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules, 2015 as per the Communication of the 1st respondent dated 07.05.2025 sent to the 3rd respondent on the petitioner's representation, dated 26.04.2025, within the period stipulated by this Court.
For Petitioner :
Mr.Haja Mohideen A, For Respondents :
Mr.V.Om Prakash (R1) Government Advocate :
Mr.L.P.Maurya (R2) Standing Counsel :
Mr.K.Govindarajan (R3) 2/6
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The Writ of Mandamus has been instituted to direct the respondents to permit the petitioner to continue his hawking as Moving Street Vendor of selling Hand Craft items by carrying on his head and hands by roaming throughout Girivala Veethi, Arulmigu Thandayuthabani Swami Thirukovil in Palani Taluk, Dindigul District, as per the existing Scheme and Rules, by considering the petitioner's representation, dated 26.04.2025.
2.The issues relating to the relief in the present writ petition are no more res integra. The Association, namely, Dindigul Mavatta Salaiyora Siru Virpanaiyalar Tholilar Sangam filed a writ petition in W.P.(MD)No. 3744 of 2024 with the similar prayer and the Hon'ble Division Bench of this Court passed final orders on 20.02.2024. The relevant paragraph stands extracted hereunder:
"15. However, in the light of the earlier order passed by the Division Bench of this Court in W.P(MD)Nos.1341 of 3/6
2017 and 191 of 2016, dated 16.08.2017 and in the light of G.O.Ms.No.1258, Local Administration Department, dated 28.06.1948, it is clear that there shall not be any commercial activities in and around the Giriveethi and there shall not be any encroachment. However, the petitioner being a Sangam has simply filed the writ petition without furnishing any particulars, seeking right to the members of the petitioner Sangam to run the street vending business in and around the Giriveethi. Viewing from any angle, there is no substance in the submission made by the learned counsel appearing for the petitioner and therefore, we are not inclined to entertain the writ petition."
3.Since the issues have already been decided by this Court, the present writ petition is not entertainable. Accordingly, this writ petition stands dismissed. There shall be no order as to costs. [S.M.S., J.] [A.D.M.C., J.] 05.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR 4/6
To
1. The District Collector, Dindigul District, Dindigul.
2. The Commissioner, Palani Municipality, Dindigul 624 601.
3. The Joint Commissioner / Executive Officer, Arulmigu Thandayuthabani Swami Thirukovil, Palani.
5/6
S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE, J.
LR 05.06.2025 6/6