LAWS(MAD)-1998-9-36

TIRUCHIRAPALLI PALPORUL VIRKUM THOZHILALAR SANGAM TEPPAKULAM UNIT Vs. COMMISSIONER CORPORATION OF TIRUCHIRAPALLI TIRUCHIRAPALLI

Decided On September 17, 1998
TIRUCHIRAPALLI PALPORUL VIRKUM THOZHILALAR SANGAM TEPPAKULAM UNIT Appellant
V/S
COMMISSIONER CORPORATION OF TIRUCHIRAPALLI TIRUCHIRAPALLI Respondents

JUDGEMENT

(1.) THIS writ appeal is directed against the interim order of the learned singlejudge dated4. 8. 98 passed onw. M. P. No. 8883 of 1998 in W. P. No. 5725 of 1998. The appellant Sangam was formed to regulate the employment as well as street vending on the Northern Platform of NSB Road, Tiruchirapalli, abutting the Southern Wall of Theppakulam, Tiruchirapalli Town . It is the case of the appellant that the members of the appellant Sangam are carrying on the trade of hawking their textile goods on the platform. It is their case that there is no impediment to the free movement of the pedestrians and the vehicular traffic. The members of the Sangam are apprehending threat of dispossession and hence, they sought for a mandamus to direct the respondent to regulate the conduct of the trade and business in their respective places on the Northern platform of nsb Road, Tiruchirapalli, abutting the Southern wall of Theppakulam and to forbear the respondent from forcibly evicting the members with their wares, goods and articles etc. , from their respective places. They also sought for an interimorder in W. M. P. No. 8883 of 1998.

(2.) THE learned single Judge held that ' the petitioners are not entitled for any interim order since the respondent wants to regulate the place for the public and for free flow of traffic. "

(3.) THE learned single Judge keeping in view the settled position of law on this aspect declined to grant the interim order.