S.Ramar 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 S.Ramar ...
Petitioner in W.P.No.10350 of 2025 P.Rani ...
Petitioner in W.P.No.10356 of 2025 -Vs1. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.
2. The Chairperson / Zonal Executive Engineer Zone, Zone No: V (The Town Vending Committee), Corporation of Chennai, Chennai District.
... Respondents in both W.Ps PRAYER in W.P.No.10350 of 2025 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 23.01.2025 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, made for granting permission / certificate of vending and till such time not to disturb with the running of the petitioner's bunk shop at Near Indian Bank, Ethiraj Salai, Egmore, Chennai - 600 008 wherein selling juice, tea, coffee and food items by using LPG Gas Stove. PRAYER in W.P.No.10356 of 2025 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 23.01.2025 as per the provisions of the Street Vendors (Protection of Livelihood 1/6
Regulation) Act, 2014, made for granting permission / certificate of vending and till such time not to disturb with the running of the petitioner's bunk shop opposite to Dasaprakash Apartment, Varadharajulu Street, Egmore, Chennai - 600 008 wherein selling juice, tea, coffee and food items by using LPG Gas Stove.
For petitioners in both W.Ps :
Mr.A.Elamparithi For Respondents :
Ms.K.Aswini Devi in both W.Ps Standing Counsel C O M M O N O R D E R (Order of the Court was made by R.SURESH KUMAR, J.) Since the issue raised in both these writ petitions is one and the same, with the consent of the learned counsel appearing for both sides, these writ petitions have been heard together and are disposed of by this common order.
2. In both the cases, the respective writ petitioners wanted to have a street vending business at Ethiraj Salai, Chennai. In this regard, representation has been submitted on 23.01.2025 and in order to consider the same to get permission from the respondent Corporation or its Town Vending Committee for running such street vending business, seeking a direction by way of mandamus, both the writ petitions have been filed. 2/6
3. Heard Mr.A.Elamparithi, learned counsel appearing for the petitioners and Ms.K.Aswini Devi, learned Standing Counsel appearing for the respondent Corporation.
4. The learned Standing Counsel appearing for the respondent Corporation, on instructions, would submit that, already Ethiraj Salai, except 115 meters of stretch, declared to be a Non-vending Zone, that means, only 115 meters length at Ethiraj Salai in a particular area alone has been declared to be a Vending Zone. Insofar as the present place for which the permission sought for by the petitioners to have street vending business that too have by way of bunk shop, that is just opposite to or next to Ethiraj College which is an educational institution and as per the norms, within 100 mts from educational institution, no such street vending business would be permitted and on that count, the request made by the petitioners cannot be considered, therefore, it is liable to be rejected, she contended.
5. We have considered the said submissions made by the learned counsel appearing for both sides and have perused the materials placed before this Court.
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6. Insofar as the location where the permission has been sought for by the petitioners is concerned, such location, i.e., Ethiraj Salai has already been declared to be a Non-vending Zone except the stretch of 115 meters.
7. Moreover, no street vending business would be permitted within 100 meters radius from any educational institution or temple etc., That apart, as per the decision taken by the respondent Chennai Corporation, no bunk shop could be permitted to be erected and based on the bunk shop, no street vending business to go on and this position has been clarified in more than one case by us and when that being so, the proposed bunk shop to have a street vending business as claimed by the petitioners also cannot be permitted.
8. Therefore, for all such reasons, the present plea raised by the writ petitioners respectively since cannot be considered and granted positively, we are inclined to dismiss these Writ Petitions, accordingly, they are dismissed. However, the dismissal of the writ petitions would no way preclude the petitioners to identify a suitable place either in the same Ethiraj Salai within the Vending Zone or any other suitable location and after finding out such suitable alternative location in a Vending Zone, necessary application can be filed to the respondent Corporation and in such case, the same can be considered and 4/6
decided by the Corporation / Town Vending Committee on merits and in accordance with law at the earliest. However, there shall be no order as to costs. (R.S.K., J.) (A.D.J.C., J.) 10.09.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.
2. The Chairperson / Zonal Executive Engineer Zone, Zone No: V (The Town Vending Committee), Corporation of Chennai, Chennai District.
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R.SURESH KUMAR, J.
and A.D.JAGADISH CHANDIRA, J.
vji 10.09.2025 6/6