The petitioner sought a writ of mandamus to permit her food stall vending on a specific road location. The court noted she was earning livelihood but could work out rights under the Street Vendors Act.
Liberty granted to move the authority under the Street Vendors Act, 2014; Writ Petition disposed of.
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W.P.(MD)No.617 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.01.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.617 of 2023
Abirami
... Petitioner
Vs.
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Madamus, to direct the first respondent to grant permit to continue the petitioner Pani-Puri food stall on trolley situated between the empty space of pathway to SIT college compound wall which is near by the Thanjavur-Trichy Main Road, Ariyamangalam, Trichy District in the light of the Registration certificate under FSS Act 2006 issued by Tamil Nadu Food Safety and Drug Administration
W.P.(MD)No.617 of 2023
Department (Food Safety Wing) dated 29.05.2014 based on the petitioner's representation dated 11.08.2022 within the time limit that may be stipulated by this Court.
For Petitioner : Mr.M.Vivek For Respondents : Mr.A.K.Manikkam (for R1 & R2) Special Government Pleader Mr.B.Thanga Aravindh (for R3 & R4) Government Advocate (Crl.side)
ORDER
Heard the learned counsel on either side.
on a Pushcart. The petitioner alleges that she is being troubled by the jurisdictional police. The petitioner may have to obtain proper permission from the concerned authorities. In the alternative, the petitioner can work out her rights under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
W.P.(MD)No.617 of 2023
under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the Writ Petition is disposed of. No costs.
11.01.2023
NCC : Yes / No Index : Yes / No Rmk
TO:
2.The Assistant Engineer, Highways Department, Construction and Maintenance, Ariyamangalam Division, Ariyamangalam, Thiruchirappalli District.
3.The Inspector of Police, Ariyamangalam Police Station, Ariyamangalam, Thiruchirappalli District.
W.P.(MD)No.617 of 2023
G.R.SWAMINATHAN,J.,
Rmk
W.P.(MD)No.617 of 2023
11.01.2023
2 issues framed by the court
Whether the petitioner entitled to continue her Pani-Puri food stall without prior permission in view of FSS Act registration.
Whether the petitioner's remedy lies under the Street Vendors Act, 2014.
Abirami
The District Collector, Thiruchirappalli District
The Assistant Engineer, Highways Department, Construction and Maintenance, Ariyamangalam Division
The Inspector of Police, Ariyamangalam Police Station
The Sub Inspector of Police, Ariyamangalam Police Station
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
