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Madras High CourtWP/17706/2023disposed of with direction

M.Shanavaskhan v. The District Collector

2026-06-09Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP Nos.16802 and 16804 of 2023 M.Shanavaskhan S/o.Matharkhan, General Secretary, AITUC Street Merchants Association, No.144 /38, Dr.Subburayan Road, Salem- 636 001.

..Petitioner Vs

1. The District Collector Salem District, Salem- 636 001.

2. The Revenue Divisional Officer District Collector's Office, Salem District, Salem- 636 001.

3. The Commissioner City Municipal Corporation of Salem, Salem- 636 001.

4. The Commissioner of Police Commissioner of Police Office, Line Medu, Salem- 636 006.

5. The Inspector of Police Town Police Station, Salem- 636 001.

6. The Town Vending Committee For City Municipal Corporation of Salem, Rep. by its Chairman, Salem City Municipal Corporation, Salem.

..Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the Respondents to allow all the street vendors who were asked to put up their stalls at the road margins of 1st Agraharam Road to Ananda Irakkam Atroram Pathway and to allow them and other stationary street vendors who were issued with certificate of vending to do their petty businesses at the road margins of Ananda Irakkam Atroram pathway at the places which were originally ear marked and allotted and for a direction to the Respondents, contractor and their agents not to collect the licence fee over and above the licence fee fixed in the rules and scheme and not to disturb or interfere with their lawful business in the place and area and in the business for which they were issued with the certificates of vending in any manner, except in accordance with law, award costs.

For Petitioner:

Ms.H.Nandhini For Respondents:

Mr. M.Sivavarthanan, Government Counsel for R1,R2, R4 and R5 M/S.N.Devi Standing Counsel for R3

ORDER

This petition has been filed seeking a direction to the respondents to permit all street vendors who were directed to relocate their stalls to the road

margins from 1st Agraharam Road to Ananda Irakkam Atroram Pathway, and to permit them, along with other stationary street vendors who were issued with certificate of vending to do their petty businesses at the road margins of Ananda Irakkam Atroram pathway at the places which were originally ear marked and allotted and also seeking a direction to the respondents, contractor and their agents not to collect the licence fee over and above the licence fee fixed in the rules and scheme and not to disturb or interfere with their lawful business in the place and area and in the business for which they were issued with the certificates of vending in any manner, except in accordance with law, and to award costs.

2.The learned counsel appearing for the petitioner would submit that at the time of filing writ petition, no Vending Committee had been constituted for the Salem Corporation. He would further submit that a Vending Committee has since been constituted in the year 2025. Therefore, this Court may permit the petitioner to approach the Vending Committee for appropriate relief.

3. In view of the above submission, liberty is granted to the petitioner to approach the Vending Committee for appropriate relief.

4.Accordingly, this writ petition stands disposed of. No costs. 09-06-2026 Index: Yes/No Speaking/Non-speaking order Uma

To

1. The District Collector Salem District, Salem- 636 001.

2. The Revenue Divisional Officer District Collectors Office, Salem District, Salem- 636 001.

3. The Commissioner City Municipal Corporation of Salem, Salem- 636 001.

4. The Commissioner of Police Commissioner of Police Office, Line Medu, Salem- 636 006.

5. The Inspector of Police Town Police Station, Salem- 636 001.

6. The Town Vending Committee For City Municipal Corporation Of Salem, Rep.by its Chairman, Salem City Municipal Corporation, Salem.

M.DHANDAPANI, J.

Uma WP No. 17706 of 2023 and WMP Nos.16802 & 16804 of 2023 09-06-2026