Disposed

Mr.Abdul Samath, v. The District Collector

Madras HC10 Nov 2023WP/11598/2017

Case brief

AI extract

What is this about?

This Public Interest Litigation sought a Writ of Mandamas directing the District Collector to constitute a Town Vending Committee and the Municipality to allot hawking pitches under the Street Vendors Act, 2014. The Court observed the timeline for survey, ID card issuance, election, and committee formation and disposed of the petition with an observation to adhere to the schedule.

What did the court decide?

The Writ Petition was disposed with directions to carry out the survey, ID card issuance, election, and committee formation within specific timelines.

Mr.Abdul Samath, Vs The District Collector — Municipal and Town Planning | Madras HC (2023)

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W.P. No. 11598 of 2017

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 10.11.2023

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CORAM

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THE HONOURABLE Mr. JUSTICE R.MAHADEVAN AND THE HONOURABLE Mr. JUSTICE P.D.AUDIKESAVALU

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W.P. No. 11598 of 2017 and

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W.M.P. No. 12605 of 2017

Abdul Samath

... Petitioner

-vs-

The District Collector Collectorate, Coimbatore.

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The Commissioner Mettupalayam Municipality Mettupalayam Coimbatore District.

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The Superintendent of Police Coimbatore (Rural), Coimbatore.

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The Deputy Superintendent of Police Periyanaickenpalayam Division Periyanaickenpalayam Coimbatore District.

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The Inspector Mettupalayam Police Station Mettupalayam Coimbatore District.

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https://www.mhc.tn.gov.in/judis

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K.Saravanan ... Respondents

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W.P. No. 11598 of 2017

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying for a Writ of Mandamus, directing the First Respondent to constitute the Town Vending Committee as required under Section 22 of the Street Vendor (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and consequently direct the Second Respondent to allot suitable Hawking pitches in and around the Anna Market, Banglowmedu, Mettupalayam, Coimbatore for the use of street vendors of the locality.

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For Petitioner : Mr. R.Abdul Mubeen For Respondents : Mr. B.Anand (R2)

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Mr. K.M.D.Muhilan, AGP (RR1,3,4 & 5)

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O R D E R

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(Order of the Court was made by P.D.AUDIKESAVALU, J.)

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Heard Mr. R.Abdul Mubeen, Learned Counsel for the Petitioner, Mr. B.Anand, Learned Counsel appearing for the Second Respondent, Mr. K.M.D.Muhilan, Learned Additional Government Pleader appearing for the First and Third to Fifth Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

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https://www.mhc.tn.gov.in/judis

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W.P. No. 11598 of 2017

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The Petitioner, who is a hawker vending goods at Anna Market, Mettupalayam, Coimbatore District, has filed this Public Interest Litigation seeking to constitute the Town Vending Committee as required under Section 22 of the Tamil Nadu Street Vendors (Protection and Regulation of Street Vending) Act, 2014 (hereinafter referred to as the 'Street Vendors Act' for short) and to consequently direct the Second Respondent to allot suitable hawking pitches in and around Anna Market, Banglowmedu, Mettupalayam, Coimbatore District for use and occupation of that locality.

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The Second Respondent has filed additional Counter-Affidavit dated 30.10.2023 stating that 828 number of vendors have been identified for street vending in the various localities within the jurisdiction of the Municipality of the Second Respondent. It has been brought to notice that since the tenure of the earlier members of the Street Vending Committee had expired, the Director of Municipal Administration has determined the time frame for survey of street vendors and consequential action would be taken as per the details shown

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below:-

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https://www.mhc.tn.gov.in/judis

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W.P. No. 11598 of 2017

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S.	Activity	Time Line
No.
1.	Completion of ongoingStreet Vendors Survey	21.10.2023
2.	Issue of ID cards to Street Vendors	15.11.2023
3.	Conducting Election to select Vending Committee Members	31.12.2023
4.	Town VendingCommittee formation	20.01.2024
5.	Identification of Vending Zone and Non-vendingZone	28.02.2024
6.	Preparation of Street VendingPlan	31.03.2024

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It shall be incumbent upon the concerned authorities to carry out the aforesaid exercise within the specific periods as undertaken by them. It is needless to add here that if the Petitioner or any other person has any further grievance in that regard, they are not precluded from working out their remedies before the proper forum in the manner recognized by law.

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In the result, the Writ Petition is disposed with the aforesaid observations. Consequently, connected Miscellaneous Petition is closed. No

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costs.

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(R.M.D., J.) (P.D.A., J) 10.11.2023 Index: Yes / No Speaking order/ Non-speaking order Neutral Citation: Yes / No Maya

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W.P. No. 11598 of 2017

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The District Collector Collectorate, Coimbatore.

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The Commissioner Mettupalayam Municipality Mettupalayam Coimbatore District.

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The Superintendent of Police Coimbatore (Rural), Coimbatore.

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The Deputy Superintendent of Police Periyanaickenpalayam Division Periyanaickenpalayam Coimbatore District.

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The Inspector Mettupalayam Police Station Mettupalayam Coimbatore District.

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https://www.mhc.tn.gov.in/judis

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5/6

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W.P. No. 11598 of 2017

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R.MAHADEVAN, J. and P.D.AUDIKESAVALU, J.

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Maya

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W.P. No. 11598 of 2017

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10.11.2023

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https://www.mhc.tn.gov.in/judis

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Mr.Abdul Samath, v. The District Collector

Case brief

What is this about?

What did the court decide?

Mr.Abdul Samath, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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