Thenmandala Pothu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.8389 of 2017 and W.M.P(MD)No.6389 of 2017 Thenmandala Pothu Thozhilalar Sangam (Reg. No.3205) Rep. By its Secretary, Having Office at Devakottai, Sivagangai District.

... Petitioner Vs.

1.The District Collector, 2.The Commissioner, Sivagangai Municipality, 3.The Superintendent of Police, 4.The Tahsildar, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to issue identity card and certificate to do business and restrain the respondents from dispossessing the petitioners' members (as stated in the schedule below) from their place from doing their business (hawkers) of fruits shops in the Bus Stand area of Sivagangai, Sivagangai District.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.M.Alagathevan, Special Government Pleader *****

O R D E R

This writ petition has been filed by the petitioner to issue a Writ of Mandamus to direct the respondents to issue identity card and certificate for the members belonging to the petitioner Sangam and to forbear the respondents from dispossesing them, from the Bus Stand area of Sivagangai District.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. When the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents submitted that some of the members belonging to the petitioner Sangam were already included in the list of street vendors and they were also issued with necessary identity cards.

4. On the other hand, the learned counsel appearing for the petitioner submitted that some of the members of the petitioner Sangam have been omitted to be considered for issuance of identity cards.

5. It is seen from the above submissions that few members of the Sangam were not given identity cards and the reason for the same has also not been informed to them. Hence, to give quietus to the issue, the respondents are directed to consider the claim of the petitioner Sangam in respect of inclusion of the omitted names of the members of the Sangam in the list and also issuance of identity cards to them and take a decision, within a period of four weeks from the date of receipt of a copy of this order.

6. This writ petition is disposed of as above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The District Collector, 2.The Commissioner, Sivagangai Municipality,

3.The Superintendent of Police, 4.The Tahsildar, +1cc to Mr.A.Haja Mohideen,Advocate,SR. 71871 W.P.(MD)No.8389 of 2017 and W.M.P(MD)No.6389 of 2017 10.08.2017 GK KK/SV MMS/SAR1-22.08.2017-3P-6C