S.Natrayan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.18772 of 2018 S.Natrayan

...Petitioner

-Vs1.The District Collector, Dindigul District, Dindigul.

2.The Special Officer, Poombarai Panchayat, Kodaikanal Taluk, Dindigul District.

3.The Executive Officer, A/m.Kulanthai Velappar Temple, Poombarai, Kodaikanal Taluk, Dindigul District.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 1st respondent in Na.Ka.14725/18/T5 dated 11.07.2018 quash the same and consequently direct the respondents herein, their men and agents from in any manner forcibly evicting the petitioner without following the due process of law under "Street Vendors (Protection of Livelihood & Regulation) Act, 2014.

For Petitioner : M/s.V.S.Kumaraguru For Respondents : Mr.D.Gandhi Raj Special Government Pleader for RR1 & 2 Mr.V.R.Shanmuganathan for R3

ORDER

This writ petition has been filed challenging the order passed by the first respondent dated 11.07.2018, thereby rejected the request made by the petitioner seeking permission to have a shop near A/.mi.Kulanthai Velappar Temple, Poombarai, Kodaikanal Taluk, Dindigul District. 2.The petitioner is the street vendor and doing garlic vending business. He submitted an application seeking permission to have a shop near A/.m.Kulanthai Velappar Temple, Poombarai, Kodaikanal Taluk, Dindigul District.

3.Admittedly, it is a rural area and the temple is in very narrow road which is situated in hill station of Kodaikanal. Therefore, if the petitioner is permitted to have vending shop nearby temple, i.e. the narrow road, it would cause disturbances to all the worshipper and tourists. That apart, the street

vending license is meant only for urban area and not for the rural area. Therefore, the request made by the petitioner was rightly rejected and this Court finds no infirmity or illegality in the order passed by the first respondent. Hence, this writ petition is devoid of merits and is liable to be dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 22.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The District Collector, Dindigul District, Dindigul.

2.The Special Officer, Poombarai Panchayat, Kodaikanal Taluk, Dindigul District.

G.K.ILANTHIRAIYAN. J, RJR 22.11.2024