Madras High CourtWP(MD)/7395/2016disposed of

P.Subramani, S/O.Perumal, v. The Inspector General Of

2020-03-10Honourable Dr Justice G. Jayachandran2 pages

W.P.(MD)No.7395 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.03.2020

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.(MD)No.7395 of 2016 1.P.Subramani 2.P.Velumurugan 3.A.Chinnaiah 4.T.Kathiresan 5.R.Boopathy 6.Sarasu 7.P.Selvarani ... Petitioners vs.

1.The Inspector General of Police, Office of the Inspector General of Police, Central Zone, Trichirappalli.

2.The Superintendent of Police, Karur District.

3.The Inspector of Police, Karur Town Police Station, Karur Town, Karur District.

4.Gnanasekaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 3 and 4 for not to intervene into the livelihood of the petitioners by harassing them without follow due process of law.

For Petitioners : Mr.R.Alagumani For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

The petitioners herein are street vendors carrying on business on the roads near Jaawahar Bazaar, Karur. They have filed this writ petition seeking for issuance of a Writ of Mandamus, to direct the respondents 3 and 4 not to intervene in the livelihood and harassed them. Such a prayer cannot be acceded, since right of trade is subject to reasonable restriction. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.7395 of 2016 Furthermore, the street vendors cannot have right to carry on the business on the streets without proper permission and more particularly, they cannot have their shops causing hindrance to free flow of traffic. The very purpose of Street Vendors (Protection of Livelihood) Act, 2014 is to balance the right of the vendors and the street access of the public. Therefore, it is suffice to record that the street vendors who are the petitioners herein shall not be prevented from carrying on the trade, if their business locations is not in hindrance to the public, traffic and the authorities shall follow the procedure laid down in the Street Vendors (Protection of Livelihood) Act, 2014 and act in accordance with law.

2.With the above observations, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Inspector General of Police, Office of the Inspector General of Police, Central Zone, Trichirappalli.

2.The Superintendent of Police, Karur District.

3.The Inspector of Police, Karur Town Police Station, Karur Town, Karur District.

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-10936[F] dated 10/03/2020 ) W.P.(MD)No.7395 of 2016 10.03.2020 DB(CO) TR(13.05.2020)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2