Case Note & Summary
The judgment pertains to a batch of cases including a contempt petition and two writ petitions filed by street vendors from Kadayanallur Municipality, Tirunelveli District. The contempt petition (Cont.P(MD)No.1851 of 2019) was filed by S.Sidtharthan alleging wilful disobedience of an interim order dated 17.06.2019 passed in WP(MD)No.10063 of 2019, which directed status quo regarding the dislocation of vendors from the daily market and Sannathi Street. The writ petitions (WP(MD)Nos.16320 of 2019 and 2347 of 2020) were filed by groups of street vendors seeking a writ of mandamus to direct the respondents to form a vending committee and identify vending zones as per the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and to restrain the respondents from dislocating them from their present vending zones. The court examined the facts and found that the contempt petition was not maintainable as the interim order was only for status quo and there was no evidence of wilful disobedience. The court also noted that the respondents had not taken steps to implement the Street Vendors Act. Consequently, the contempt petition was dismissed, and the writ petitions were disposed of with directions to the respondents to constitute a Town Vending Committee and identify vending zones within a period of three months. The court emphasized the importance of protecting the livelihood of street vendors while regulating vending activities in accordance with the law.
Headnote
A) Contempt of Court - Wilful Disobedience - Section 11, Contempt of Courts Act, 1971 - Allegation of violation of interim order - Court found that the order dated 17.06.2019 was an interim order directing status quo, and the respondents had not violated it as the vendors were not dislocated from the vending zone - Held that contempt petition is not maintainable as there was no wilful disobedience (Paras 10-15). B) Street Vending - Formation of Vending Committee - Sections 3, 4, 22, Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - Petitioners sought direction to form vending committee and locate vending zone - Court directed the respondents to constitute a Town Vending Committee and identify vending zones in accordance with the Act - Held that the authorities are bound to implement the provisions of the Act (Paras 20-25). C) Writ of Mandamus - Article 226 of the Constitution of India - Direction to Municipal Authorities - Court issued directions to the Commissioner, Kadayanallur Municipality, to take steps for formation of vending committee and identification of vending zones within a stipulated time - Held that the writ petitions are disposed of with directions (Paras 26-30).
Issue of Consideration
Whether the respondents committed wilful disobedience of the court's order dated 17.06.2019 in WP(MD)No.10063 of 2019, and whether the street vendors are entitled to a direction for formation of vending committee and identification of vending zones under the Street Vendors Act, 2014.
Final Decision
Contempt petition dismissed. Writ petitions disposed of with directions to respondents to constitute Town Vending Committee and identify vending zones within three months.
Law Points
- Contempt of Courts Act
- 1971
- Section 11
- Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act
- 2014
- Article 226 of the Constitution of India
- Mandamus
- Wilful Disobedience
