The election notification for the Town Vending Committee was invalid due to failure to publish in the Official Gazette, violating statutory requirements.

ORDER :

L.Victoria Gowri, J.

The prayer in W.P.(MD)No.20338 of 2024 reads as follows:-

“Writ Petition is filed, to direct the respondents to finalize the list of Street Vendors in Tiruchirappalli Corporation Limits and to conduct an election for forming a “Town Vending Committee”, as per the provisions of ' The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 ' and ' Tamil Nadu Street Vendors (Protection of Livelihood, Regulation of Street Vending and Licensing) Rules, 2015 ' in consonance with the order dated 24.10.2018 passed in WP (MD) Nos.10452 and 10503 of 2009, 9877 of 2011, 7326 of 2012, 18676, 19244, 19258, 21090 and 21104 of 2014 and 10060, 10061 and 14348 of 2015 by this Court, by considering the representation of the petitioner's dated 19.08.2024.”

2.The prayer in W.P.(MD)No.27088 of 2024 reads as follows:-

“Writ Petition is filed, calling for the records of the 3^rd respondent by the impugned Election Notice in Na.Ka. No. Nil dated 04.11.2024, quash the same and direct the 3^rd respondent to prepare and publish the voter list of the street vendors having avocation within its territorial jurisdiction, deleting the dead persons, removing the persons who dont fall within the definition of the street vendor under Section 2(1) of the said Act, issue identity cards to the said persons and issue the final voter list for holding elections.”

3.The prayer in W.P.(MD)No.29854 of 2024 reads as follows:-

“Writ Petition is filed, directing the 2^nd respondent to consider the representation dated 27.11.2024 and direct the 3^rd respondent to publish the draft and final voter list as per Rule 13 (5) of the Tamil Nadu State Vendor (Protection of Livelihood and Regulation of street Vending Scheme and Rules), 2015, to hold election to elect the representatives to the street vending committee”

4.The writ petitioners in W.P.(MD)No.20338 of 2024 are Street Vendors stationed at 11^th Cross, Thillai Nagar Streets/cut roads, Trichy, who are engaged in street vending business of selling fruits and fresh juices to the public at large. The petitioner in other two Writ Petitions are one and the same and he is also a Street Vendor, selling readymade clothes at NSV road, 13^th ward, Srirangam zone, Trichy.

5.The writ petitioners in W.P.(MD)No.20338 of 2024 are Street Vendors, who possess street vendors' identity card as issued by the second respondent. The identity card contains specific details as to the name, type of business, duration of vending business and address of the street vendor. However, from 06.08.2024, on several occasions, the respondent authorities interfered with the peaceful conduct of business of the writ petitioners, by directing them to close their business immediately. Hence, the writ petitioners caused a legal notice on 13.08.2024, calling upon the second respondent not to forbear them from continuing their business as Street Vendors, since the validity of the Street Vendor's identity card subsists till 2027. Even after receiving the said notice and acknowledging the same, the third respondent along with his officers came to the petitioners vending spot and ordered to shut down the vending business on 16.08.2024. Thereafter, the second petitioner gave a representation to the respondents on 19.08.2024 and issued a legal notice as well on 20.08.2024, requesting the respondents to prepare the list of Street Vendors and to conduct election for the purpose of constituting the Town Vending Committee and to implement the earlier order passed by this Court in Anaithu Tharaikadai Vyaparigal Padukappu Sangam Theppakulam, Trichy & Ors. v. the District Collector, Trichy & Others in W.P.(MD)Nos.10452 and 10503 of 2009 batch dated 24.10.2018, for the purpose of safeguarding the right of street vending. The said representation was also received and acknowledged by the respondents. However, the representation of the petitioners was not considered and hence, the Writ Petition came to be filed.

6.While being so, the third