EZHUMBUR RAILADI SALAIYORA SIRUKADAI VIYABARIGAL SANGAM REG NO 6/97 Vs. COMMISSIONER CORPORATION OF MADRAS RIPPON BUILDINGS MADRAS

JUDGEMENT

(1.) THE petitioner association has filed this writ petition seeking for the issue of a writ of mandamus, directing the respondents to regularise the road side vending of 81 members of petitioner sangam, the list of which has been furnished in the annexure to the writ petition.

(2.) THE case of the petitioner sangam is that the members are occupying the platforms opposite to Egmore Railway station and sell several commodities for the past 40 years. THE Corporation authorities very often disturbing their business unlawfully and hence the occupation of the members of the petitioner sangam should be regularised so that they can have a peaceful business. It is further stated in the affidavit that in the year 1976 the petitioners became the members of the association called Madras pavement Traders welfare congress which consisting of almost all the roadside vendors of the entire Madras City. In 1986 the police as well as the Corporation officials refused the joint request for regularising the vending in the plat forms by granting lease or licence. Even though the petitioner filed the W.P.No. 11424 of 1986 and obtained the interim order from this court, ultimately the writ petition was dismissed as withdrawn.

(3.) WHEN it is admittedly situated opposite to the Egmore Railway Station, it is needless to say that the occupation of the members of the petitioner sangam will cause definitely inconvenience to the pedestrians. The road leads to the station would also with heavy flow of traffic, as the commuters or the train have to be dropped and to be taken back. WHEN the railway station is situated there, naturally auto-rickshaw stand as well as the taxi stand and car parking are also situated there. I do not think more than this, any details are necessary to describe the situation of the locality.