S. Thameem Ansari v. District Collector, Ramanathapuram
2013-09-12
M.JAICHANDREN, M.VENUGOPAL
body2013
DigiLaw.ai
Judgment : M. Venugopal, J. 1. The Petitioner/Union has filed the present writ of Mandamus, praying for an issuance of an order by this Court, in directing the respondents not to evict the street vendors from the their vending place at Alangaravayil, Earvadi Darka, Earvadi, Ramanathapuram. 2. In the affidavit filed by the petitioner/President of of the Union, it is mentioned that on 14.03.2013, without any notice, information or alternative arrangements, the street vendors vending cap, plastic things etc. were all evicted from the place and prevented to conduct the sale by the 7th respondent/Inspector of Police, Earvadi Police Station. Also that numbers of vendors were also harassed by the police people by way of registering false cases and threatening them. 3. At this juncture, this Court, pertinently refers to the averment made by the petitioner in para 4 of the writ petition, which interalia read as follows: “We are all evicted from that place and prevented to conduct the sale by the Inspector of Police, Earvadi Police Station, some number of vendors also harassed by the police people by way of registered false case and threatened. So we are all approached the District Collector, Ramanathapuram and Block Development Officer, Kadaladi on public grievance day and gave our petition through one of our member and vendor namely Samsuthin.” 4. First and foremost, the petitioner/Union, in our considered opinion, through its President, cannot entertain the present writ of Mandamus, in praying for issuance of an order by this Court, in directing the respondents not to evict the street vendors from their vending place at Alangaravayil, Earvadi Darka, Earvadi, Ramanathapuram, because of the reasonin para 4 of the affidavit in the writ petition, it is specifically averred that “the street vendors were all evicted from that place and prevented to conduct sale by the Inspector of Police, Eruvadi Police Station etc.”. Viewed in that perspective, the writ petition sans merits. Consequently, it fails. 5. In the result, the writ petition is dismissed. Both parties are directed to bear their own costs. Consequently, connected miscellaneous petition is also dismissed.