Case Note & Summary
The petitioner, T. Ben Robert, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the District Collector, Tiruvannamalai; the Commissioner, Tiruvannamalai Municipality; and the Tahsildar, Tiruvannamalai Taluk, to remove encroachments made by street vendors/hawkers, including respondents 4 to 6, in Theradi Street, Tiruvannamalai Town, pursuant to a direction issued by the District Collector in proceedings dated 16.11.2023. The petitioner alleged that the vendors were obstructing the traders occupying permanent buildings in the locality. The Standing Counsel for the Tiruvannamalai City Municipal submitted that the street had been permitted for vending by hawkers and that they had not caused any obstruction to the traders. However, he assured that if any obstruction was caused to traders in permanent buildings, it would be removed upon receipt of a complaint. The court observed that street vendors/hawkers may be permitted to do their business without causing obstruction to traders in permanent buildings. The Commissioner was directed to ensure that no obstruction is caused. With these observations, the writ petition was disposed of, and the connected miscellaneous petition was closed. No costs were awarded.
Headnote
A) Constitutional Law - Writ of Mandamus - Removal of Encroachments - Petitioner sought removal of street vendors/hawkers from Theradi Street, Tiruvannamalai, alleging obstruction to traders - Court disposed of petition after Standing Counsel for Municipality submitted that the street is permitted for vending and no obstruction is caused, but any specific complaint of obstruction will be addressed - Held that street vendors may continue business without causing obstruction to permanent shop traders, and Commissioner shall ensure compliance (Paras 1-4).
Issue of Consideration
Whether street vendors/hawkers in Theradi Street, Tiruvannamalai, should be removed for causing obstruction to traders in permanent buildings.
Final Decision
Writ Petition disposed of with observation that street vendors/hawkers may continue business without causing obstruction to traders in permanent buildings; Commissioner to ensure compliance. Connected miscellaneous petition closed. No costs.
Law Points
- Writ of Mandamus
- Street vending
- Encroachment
- Obstruction to trade
- Municipal regulation
