Disposed

Tindivanam Nagara Siru, Kuru Vyabarigal Nala Sangam, v. The Town Vending Committee

Madras HC13 Oct 2023WP/9157/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a 2018 order rejecting requests for vending zone sites. The Court directed the petitioner to file a fresh representation to be considered by a newly constituted Town Vending Committee in accordance with the 2014 Act and Rules.

What did the court decide?

Director the petitioner to file a fresh representation to the second respondent regarding the alternate sites to be considered by the newly constituted Town Vending Committee.

Tindivanam Nagara Siru, Kuru Vyabarigal Nala… — Pension and Retirement Benefits | Madras HC (2023)

¶1

W.P.No.9157 of 2019

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 13.10.2023

¶4

CORAM

¶5

THE HONOURABLE Mrs.JUSTICE J.NISHA BANU and THE HONOURABLE Mrs.JUSTICE N.MALA

¶6

W.P.No.9157 of 2019

¶7

and W.M.P.Nos.9686 & 9687 of 2019

¶8

Tindivanam Nagara Siru, Kuru Vyabarigal Nala Sangam, Rep. by its Secretary A.Babu, S/o.Annamalai, No.25/9, Thiru.Ve.Ka. Street, Kaveripakka, Tindivanam, Villupuram District – 604 001.

¶9

...Petitioner

¶10

¶11

1.The Town Vending Committee, Rep. by its Chairman, Tindivanam Municipality, Tindivanam.

¶12

2.The Commissioner, Tindivanam Municipality, Tindivanam.

¶13

3.The Collector, Villupuram District, Villupuram.

¶14

4.The Superintendent of Police,

¶15

1/7

¶16

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

¶17

W.P.No.9157 of 2019

¶18

Villupuram District, Villupuram.

¶19

5.The Assistant Divisional Engineer, Highways Department, Tindivanam.

¶20

.... Respondents

¶21

PRAYER: Writ Petition filed under Article 226 of the Constitution to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent Letter Na.Ka.No.3752/2014/F1 dated 11.04.2018 and quash the same consequently directing the 1^st respondent Town Vending Committee to function in accordance with the 2014 Act, 2015 Rules and Scheme by first enumerating the existing vendors in situ, secondly classify the vendors and thirdly identify vending, non vending and hawking zones in accordance with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act. 2014 and Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules 2015 consequently allotting appropriate vending/hawking zones for the members of the petitioner Sangam.

¶22

For Petitioner : Mr.J.Saravanavel

¶23

For R1 & R2 : Mr.P.Srinivas, Senior Counsel

¶24

2/7 https://www.mhc.tn.gov.in/judis

¶25

For R3 to R5 : Mr.Abisheknoorthy Government Advocate

¶26

W.P.No.9157 of 2019

¶27

¶28

[Order of the Court was made by N.MALA,J.]

¶29

This Writ Petition has been filed to call for the records of the second respondent's Letter Na.Ka.No.3752/2014/F1 dated 11.04.2018 and quash the same consequently directing the 1^st respondent Town Vending Committee to function in accordance with the 2014 Act, 2015 Rules and Scheme by first enumerating the existing vendors in situ, secondly classify the vendors and thirdly identify vending, non vending and hawking zones in accordance with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act. 2014 and Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme and Rules 2015 consequently allotting appropriate vending/hawking zones for the members of the petitioner Sangam.

¶30

2.The writ petitioner is a Sangam, which is registered before the District Registrar, Tindivanam in Registration No.45/2018. The writ

¶31

3/7 https://www.mhc.tn.gov.in/judis

¶32

W.P.No.9157 of 2019

¶33

petition is filed challenging the impugned order dated 11.04.2018, by which the second respondent rejected the representation dated 19.03.2018 of the petitioner Sangam seeking to consider four alternate sites identified by them for declaration as Vending Zones.

¶34

3.When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the period of the erstwhile Town Vending Committee, which passed the impugned order expired and the new Town Vending Committee is to be constituted. The learned counsel for the petitioner therefore submitted that it would suffice if a direction is issued to the second respondent to consider the petitioner's request for recognizing the four alternate sites suggested by the petitioner sangam when the new Town Vending Committee is constituted.

¶35

4.The learned counsel for the respondents has no objection to the petitioner's request.

¶36

5.In view of the said submissions, the petitioner is directed to file a

¶37

fresh representation to the second respondent, who shall place the same

¶38

4/7 https://www.mhc.tn.gov.in/judis

¶39

W.P.No.9157 of 2019

¶40

before the, to be constituted committee. The newly constituted committee shall consider the fresh representation, without being influenced by the impugned order, on merits and in accordance with law.

¶41

6.With the above direction, this Writ Petition stands disposed of.

¶42

However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

¶43

(J.N.B.,J.) (N.M.,J.) 13.10.2023

¶44

Index:Yes/No Internet : Yes/No Speaking/Non-speaking order ah

¶45

¶46

1.The Town Vending Committee, Rep. by its Chairman, Tindivanam Municipality, Tindivanam.

¶47

2.The Commissioner, Tindivanam Municipality, Tindivanam.

¶48

3.The Collector, Villupuram District, Villupuram.

¶49

5/7

¶50

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

¶51

4.The Superintendent of Police, Villupuram District, Villupuram.

¶52

W.P.No.9157 of 2019

¶53

5.The Assistant Divisional Engineer, Highways Department, Tindivanam.

¶54

J.NISHA BANU,J. and N.MALA,J. ah

¶55

W.P.No.9157 of 2019

¶56

6/7 https://www.mhc.tn.gov.in/judis

¶57

W.P.No.9157 of 2019

¶58

13.10.2023

¶59

7/7 https://www.mhc.tn.gov.in/judis

Tindivanam Nagara Siru, Kuru Vyabarigal Nala Sangam, v. The Town Vending Committee

Case brief

What is this about?

What did the court decide?

Tindivanam Nagara Siru, Kuru Vyabarigal Nala Sangam, v. The Town Vending Committee

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

Coram

Case details

Similar cases

S.Sarathkumar Vs The Member Secretary

Kennedy Nesamoney Vs the Member Secretry Cmda

K.S.Sreenivasan Vs the State of Tamil Nadu

P.S.Balaji, Vs Chennai Metropolitan

A.Mohanraj Vs the State of Tamil Nadu

S.Suresh Vs the Chairman