V.Malarvannan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and W.M.P.Nos.5899, 5900, 18808 & 18810 of 2025 V.Malarvannan, Managing Trustee, Consciousness Charitable Trust, No.21, Rajalakshmi Avenue, 5th Cross Street, Perungudi, Chennai - 600 096.

...

Petitioner -Vs1. The Commissioner, Chennai Metro City Corporation, Rippon Building, Chennai - 600 003.

2. The Chairperson / Executive Engineer, Township Vending Committee, Zone 14, Part-41, Ward-182, School Street, Anna Highways Road, Kandhanchavadi, Perungudi, Chennai - 600 096.

...

Respondents PRAYER : Petition under Article 226 of the Constitution of India, praying for issuance of writ of certiorarified mandamus, to call for the records relating to the proceedings of the second respondent letter in M.A.No.14th Na.Ka.No.R1/1994/2024 dated 12.12.2024, to quash the same and to direct the 1/6

second respondent to issue a license to petitioner's trust health nature organic shop.

For Petitioner :

M/s.M.Yogaa For Respondents :

Mr.Prithvi Chopda Standing Counsel

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.) This writ petition has been filed seeking for a writ of certiorarified mandamus, to call for the records relating to the proceedings of the second respondent letter in M.A.No.14th Na.Ka.No.R1/1994/2024 dated 12.12.2024 and quash the same and direct the second respondent to issue a license to petitioner's trust health nature organic shop.

2. That the petitioner being the Managing Trustee of the Trust called 'Consciousness Charitable Trust' having office at No.21, Rajalakshmi Avenue, 5th Cross Street, Perungudi, Chennai - 600 096 has come up with the present writ petition with the aforesaid prayer.

3. His plea is that, he wanted to have a street vending business, therefore, in order to get such permission or street vending certification from the respondent Corporation to have a street vending business at Door No.21, 2/6

Rajalakshmi Avenue, 5th Cross Street, Perungudi, Chennai - 600 096 made an application to the respondent Corporation which was considered and rejected through the order dated 12.12.2024 stating that, the place in which the petitioner sought for since has already been declared to be a Non-vending Zone, such plea raised by him cannot be considered, accordingly, it was rejected.

4. As against the said order dated 12.12.2024, though this writ petition has been filed, after hearing M/s.M.Yogaa, learned counsel appearing for the petitioner as well as Mr.Prithivi Chopda, learned Standing Counsel appearing for the respondent Corporation, we are of the view that, if it is a Non-vending Zone, on that ground itself the rejection made by the respondent Corporation is to be sustained, accordingly, the impugned order is sustained, hence, it does not warrant any interference at our hands.

5. Moreover, since the petitioner being a Managing Trustee of the Charitable Trust wants to have a licence / allotment / street vending certification to have street vending business, that is impermissible under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 as well as on the basis of the statement / object to bring such legislation to protect a street vendor and vending business, therefore, 3/6

to that extent also, the petitioner has no locus to seek, as a Managing Trustee of the Charitable Trust, for such permission to have a street vending.

6. As the petitioner does not fall under the category of the street vendor as per the definition of 2l of the Act, such permission cannot be sought for, therefore, the Writ Petition is liable to be dismissed, accordingly it is dismissed.

7. However, the dismissal of this writ petition would not preclude the petitioner in his individual capacity, if he wants to make an application to get such permission from the respondent Chennai Corporation to have a street vending business in any Vending Zone after identifying such suitable place, to make an application in his individual capacity and in that case, it is open to the respondent Corporation to consider the same and pass orders on merits and in accordance with law at the earliest. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (R.S.K., J.) (A.D.J.C., J.) 10.09.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji 4/6

To

1. The Commissioner, Chennai Metro City Corporation, Rippon Building, Chennai - 600 003.

2. The Chairperson / Executive Engineer, Township Vending Committee, Zone 14, Part-41, Ward-182, School Street, Anna Highways Road, Kandhanchavadi, Perungudi, Chennai - 600 096.

5/6

R.SURESH KUMAR, J.

and A.D.JAGADISH CHANDIRA, J.

vji and W.M.P.Nos.5899, 5900, 18808 & 18810 of 2025 10.09.2025 6/6