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A.Kalyana Sundaram vs The Union Of India

Madras High Court|25 July, 2017

JUDGMENT / ORDER

This petition has been filed to issue a Writ of Mandamus to forbear the respondents 4 and 5, from interfering with the petitioner's licenced petti shop bearing Municipal Door No.10, Old Bus Stand, Theni Alli Nagaram Municipality, Theni District, and also to direct the respondents 4 and 5, to pay suitable compensation for demolishing the petti shop and damaging the eatables worth Rs.50,000/- (Rupees fifty thousand only).
2.The case of the petitioner is that though the petitioner has been regularly paying the annual licence fee and service tax in the name of his brother, A.Ramamoorthy, since 1980, for his petti shop bearing Municipal Door No.10 in the Old Bus Stand, Theni Alli Nagaram Municipality, Theni District, the respondents 4 and 5, without issuing any notice or any order, demolished their petti shop and threw the eatables on street, causing damage for about Rs.50,000/- (Rupees fifty thousand only). Since the power to evict shops or street vendors is vested with the Town Vending Committee constituted under ?The Street Vendors (Protection of livelihood and regulation of street vending) Act, 2014?, the fourth respondent cannot indulge in eviction of shops or street vendors. Hence, the petitioner is before this Court with the aforesaid prayer.
3.Heard the learned counsel on all sides.
4.The learned counsel for the petitioner and the learned counsel appearing on the other side reported that nothing survives for adjudication. The learned counsel for the respondents fairly submitted that with regard to compensation, the petitioner shall work out his remedy as per law.
5.Recording such statement, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The Secretary to Government, Ministry for Eradication of Poverty & Employment Development Department, Nirman Bhavan, New Delhi 110 011.
2.The Secretary to Government, Municipal Administration and Water Supply Department, Government of Tamil Nadu, Fort St.George, Chennai 600 002.
3.The District Collector, Office of the District Collector, Theni District.
4.The Commissioner, Theni Alli Nagaram Municipality, Theni.
5.The Superintendent of Police, Theni District.
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Title

A.Kalyana Sundaram vs The Union Of India

Court

Madras High Court

JudgmentDate
25 July, 2017