ORDER :

(V.M. Velumani, J.)

(Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, directing the 2nd and 3rd respondents to restore the possession of the premises to the petitioners who are evicted unlawfully on 26.12.2022 from outside the Government Medical College Hospital, Chengalpattu, by violating the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and without following the due process of law within stipulated time.)

1. The writ petition has been filed in the nature of Mandmus, seeking a direction to the 2nd and 3rd respondents to restore the possession of the premises to the petitioners, who were evicted unlawfully on 26.12.2022 from outside the Government Medical College Hospital, Chengalpattu, by violating the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

2. According to the petitioners, they are local hawkers and they were doing business of selling various items including bed sheets, towels, mat, pillows, soap, tooth brush etc., and also food items including Idly, Dosa, variety Rice and Briyani, Tea, Coffee etc., to the patients, attenders and visitors of the Government Medical College Hospital, Chengalpattu. The petitioners have given a representation dated 02.12.2022 to the 1st and 2nd respondents for issuance of Certificate of Vending and Identity Card to do the business outside the Government Medical College Hospital, Chengalpattu.

3. While that being so, during the 1st week of December 2022, the 2nd respondent threatened the petitioners to vacate the place from doing business outside the Government Medical College Hospital, Chengalpattu. Therefore, the petitioners have given another representation dated 24.12.2022 to the respondents to withdraw their decision of vacating the petitioners from their place of business outside the Government Medical College Hospital, Chengalpattu. While so, without considering the said representations given by the petitioners, the second respondent, with the help of Police officials, evicted the petitioners on 26.12.2022.

4. Mr. N.G.R.Prasad, the learned Counsel appearing for the petitioners submitted that the 2nd respondent is collecting a fee of Rs.10/- per day from the petitioners to carry on their business in the said place. The Government enacted the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, to protect the street vendors. As per the Street Vendors Act, no street vendor can be evicted till survey is conducted and completed and certificate of vending is issued. In the present case, no committee has been formed. The respondents, without considering the representations of the petitioners and without following the procedures, forcibly evicted the petitioners without any notice and hence, the petitioners have come out with the present writ petition for the above said relief.

5. The second respondent filed counter affidavit. Mr.E.Vijay Anand, the learned Additional Government Pleader submitted that the place where the petitioners were carrying on business is “No Vending Zone”. Due to business carried on by the petitioners, free flow of traffic including Ambulance service was affected and due to the same, the patients were also affected. The petitioners have encroached the Highways Road and carried on their business. The Dean, Chengalpet Medical College Hospital, by his letters dated 24.08.2021 and 28.10.2022, requested the Superintendent of Police, Chengalpet, to take action against the encroachments and to regulate the parking of the vehicles outside the Chengalpet Medical College Hospital. Based on the said complaint from the Dean, Chengalpattu Medical College Hospital, a joint action was taken by the respondents and the area was regulated for the smooth functioning of the said Hospital. The 1st respondent by proceedings in Na.Ka.No.2799/2021/WA4, dated 06.09.2021, directed the