Banumathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.20162 to 20163 of 2023 Banumathi ... Petitioner Vs.

1.The District Collector, Tiruchirappalli.

2.The City Commissioner, Tiruchirappalli Corporation, Tiruchirappalli City.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in Na.Ka.No. 8845/2023/F1Va.Ku.A5) dated 24.07.2023 and quash the same as illegal and direct the respondents to permit the petitioner to continue his business in the place adjacent to the compound wall of the K.A.P.Viswathan Government Medical College Hospital, Tiruchirappalli. 1/5

For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.M.Siddharthan Additional Government Pleader for R.1 Mr.R.Baskaran Additional Advocate General Assisted by Mr.K.R.Kishore Ram for R.2

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned Additional Advocate General assisted by the learned Counsel appearing for the second respondent.

2. The petitioner was eking his livelihood as a street vendor outside the premises of Mahatma Gandhi Memorial Government Hospital, Thiruchirapalli. She had been dispossessed and evicted from the usual spot from where she was vending her articles. The petitioner alleges that she alone had been selectively targeted. The matter was 2/5

listed for admission yesterday. I adjourned the writ petition so as to find out from the respondents if there has been any selective targeting.

3. The learned Additional Advocate General clarified that all the unauthorized street vendors have been removed and that the petitioner cannot complain of any discrimination.

4. The said submission is placed on record. I make it clear that this position should continue as such. If there is any breach of this undertaking, it will be open to the petitioner to file contempt petition before this Court. The petitioner is permitted to give an application to the second respondent for considering her case in terms of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 . As and when such application is received from the petitioner, it can be disposed of on merits and in accordance with law within a period of twelve weeks thereafter.

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5. This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

04.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Tiruchirappalli.

2.The City Commissioner, Tiruchirappalli Corporation, Tiruchirappalli City.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)Nos.20162 to 20163 of 2023 04.10.2023 5/5