Asarf Ali v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.13171 of 2013 and M.P.(MD)No.1 of 2013 Asarf Ali : Petitioner Vs.

1.The District Collector Trichy District, Trichy.

2.The Commissioner, Corporation of Trichy, Trichy.

3.The Commissioner of Police, Trichy City, Trichy.

4.The Inspector of Police (Law & Order), Fort Police Station, Trichy District.

: Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the Respondents 1 to 4 herein, their officials, subordinates and servants from any manner disturbing or interfering with the petitioner's association members business doing at N.S.B Road, Rock fort area, Trichirapalli and consequently directing the respondents to provide alternative places to them for their business as per Government of India's national policy by considering the petitioner's Representation dated 02.07.2013. For Petitioner : Mr.K.Navaneetha Raja, For Mr.S.M.A.Jinnah For Respondents 1,3&4: Mr.T.S.Mohammed Mohideen, Additional Government Pleader For Respondent No.2 : Mr.N.S.Karthikeyan *****

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] This Writ Petition, at the instance of the Association of Street Vendors, seeks a direction to the respondents to take appropriate action to allot them alternative places for doing https://hcservices.ecourts.gov.in/hcservices/

business and pending such decision, to restrain the local body from interfering with the business carried on by them at N.S.B Road, Rock Fort area, Trichirapalli.

2. The Writ Petition is filed by an Association. It is not clear as to whether the Association members have registered their names before the Trichy Corporation for the purpose of doing business as street vendors.

3. We give liberty to the members of the Association to submit individual representations to the second respondent. In case any such representation is given, the same shall be considered and disposed of on merits and as per law and more particularly, in the light of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

4. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD II) /True Copy/ Sub Assistant Registrar To 1.The District Collector Trichy District, Trichy.

2.The Commissioner, Corporation of Trichy, Trichy.

3.The Commissioner of Police, Trichy City, Trichy.

4.The Inspector of Police (Law & Order), Fort Police Station, Trichy District.

+1cc to Mr.N.S.Karthikeyan,Advocate,SR.64170 +1cc to M/S.Special Government Pleader,SR.63678 +1cc to Mr.S.M.A.Ginna, Advocate,SR.64161 W.P.[MD].No.13171 of 2013 05.07.2017 SML KK/SKN RSK/SAR4-18.07.2017-2P-8C/ https://hcservices.ecourts.gov.in/hcservices/