Research › Search › Judgment

Madras High Court · body

2016 DIGILAW 2533 (MAD)

S. Joyce v. State of Tamil Nadu

2016-07-28

H.G.RAMESH, M.V.MURALIDARAN

body2016
ORDER : Huluvadi G. Ramesh, J. Heard the learned counsel for the petitioner, Mr. P.S. Sivashanmuga Sundaram, learned Special Government Pleader, who accepts notice on behalf of respondents 1, 3 and 4 and Mr. A. Nagarajan, who accepts notice on behalf of the 2nd respondent. 2. The issue raised in the writ petition relates to the regulation of street vendors/hawkers and in this context the Apex Court, in the case of Maharashtra Ekta Hawkers Union and another v. Municipal Corporation, Greater Mumbai and others, (2014) 1 SCC 490 , more particularly in paragraph 21.15, has observed that all the existing street vendors/hawkers operating across the country shall be allowed to operate till the exercise of registration and creation of vending/hawking zones is completed in terms of the 2009 Policy. Once that exercise is completed, they shall be entitled to operate only in accordance with the orders/directions of the Town Vending Committee concerned. 3. However, the case of the petitioner has to be considered by the Vending Committee constituted in this regard on her establishing prima facie the running of the business in the areas in question. In these circumstances, since the Town Vending committee has been vested with the power to take a decision in accordance with law to save the interest of the persons who are vending on the streets as hawkers on the basis of the report of the Corporation or police officials and any other evidence available, without expressing anything on merit, we dispose of the writ petition with liberty to the parties, namely, the petitioner, the contesting respondents as well as the Corporation to approach the Vending Committee constituted in this regard by the Government and to raise all the contentions before such Committee on the basis of the reports of the official respondents and on such representation, it is for the Vending Committee to take a decision in accordance with law as to the entitlement of the petitioner, within a period of two months from the date of receipt of a copy of this order, on hearing the parties. Consequently, W.M.P. No. 22531 of 2016 is closed. No costs.