Covai Maavatta Saalaiyora Viyabaarigal Sangam v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.No.21423 of 2024 and W.M.P.Nos.23383, 23384 and 23387 of 2024 Covai Maavatta Saalaiyora Viyabaarigal Sangam Reg. No.1506/CBE, (Coimbatore District Street Vendors Union), Rep. by its Town President Thiru.K.Krishnan, 127, Somasundharam Mill Road, Anupparpalayam, Kaatur, Coimbatore-641 009.
... Petitioner -vs1. The Government of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Department of Health and Family Welfare, Fort St. George, Chennai-600 009.
2. The District Collector, Coimbatore District, Coimbatore -641 018.
3. The Commissioner, City Municipal Corporation of Coimbatore, Coimbatore-641 001.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records from the 3rd Respondent with respect to the Tender Notification issued in 1/6
Na.Ka.No.3743/2024/A2(M) dated 28.06.2024, published in Dinamalar (Coimbatore Edition) daily newspaper on 02.07.2024 and consequently direct the Respondents to allot the 23+1 shops, which have been constructed adjoining the compound wall of the VOC Children's Skating Training Ground to the eligible members of the petitioner union and to allow the remaining street vendors to continue their street vending business in the same street, margins, areas, locations and spaces, at which and where they have been doing their street vending business already without causing any disturbance or dislocation to them including the street vendors, who have applied for allotment of shops, if they are not allotted any of the 23+1 newly constructed shops, inspite of their participation in the tender process to be initiated and concluded, based on the impugned advertisement / notification issued by the 3rd respondent in Na.Ka.No.3743/2023/A2(M) dated 28.06.2024, published in Dinamalar (Coimbatore Edition) daily newspaper on 02.07.2024.
For Petitioner : Mr.V.Ajoy Khose For R1 & R2 : Mr.M.Bindran Addl. Govt. Pleader For R3 : Mr.D.Ferdinand, Standing Counsel *****
O R D E R
(By J.Nisha Banu,J.) This Writ Petition has been filed, challenging the Tender Notification dated 28.06.2024 of the 3rd respondent, issued in 2/6
Na.Ka.No.3743/2024/A2(M), published in Dinamalar (Coimbatore Edition) daily newspaper on 02.07.2024.
2. It is the case of the Petitioner-Sangam that there are about 250 members in the Union, who are all doing vending business and were recognized as street vendors by the 3rd respondent by issuing vending Registration Certificates under the Food Safety Act, 2006. They are mainly involved in selling various food items, toys, clothes, etc. in and around VOC park, VOC ground, VOC Children's Park, VOC Skating Training ground, Nehru Stadium and other areas. They have also been periodically renewing their Registration Certificates. It is further case of the Sangam that the Government of India introduced a project called "Food Street Project" and sanctioned Rs.1 Crore for each of the food street in order to develop hygienic food streets across the Country. The 3rd respondent constructed 23 new shops and an additional one shop for physically challenged person. After construction of shops, the 3rd respondent, instead of allotting newly constructed shops to the members of the Union, called for tender from public for allotment of those shops. Though the Union has 3/6
given a representation to the 3rd respondent to consider allotment of shops to its members, there was no reply given to the said representation. Aggrieved by the act of the 3rd respondent, the petitioner-Sangam is before this Court.
3. Learned Standing Counsel appearing for the 3rd respondent submitted that the shops cannot be allotted to the members exclusively and they were already given concession by reducing the amount of Rs.50,000/- into Rs.25,000/- towards remittance of pre-deposit. He further submitted that the members of the petitioner-union have already been relocated to the nearby place and they are doing business in the relocated area. On instructions from R3, it is undertaken by the learned Standing Counsel for R3 that the 3rd respondent will not cause any more disturbance or hindrance to the members of the petitioner-union to carry on their business activities.
4. The contention of the learned Standing Counsel for R3 that the members of the petitioner-union have already been relocated to the nearby place and they are doing business in the relocated area, has not been refuted by the learned counsel for the petitioner. 4/6
5. In view of the above submissions and recording the statement made by the learned Standing Counsel for R3, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed.
(J.N.B.J.,) (M.J.R,J.,) 07.08.2025 Index: Yes / No Internet: Yes / No ar To:
1. The Additional Chief Secretary to Government, Government of Tamil Nadu, Department of Health and Family Welfare, Fort St. George, Chennai-600 009.
2. The District Collector, Coimbatore District, Coimbatore-641 018.
3. The Commissioner, City Municipal Corporation of Coimbatore, Coimbatore-641 001.
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J.NISHA BANU, J.
AND M.JOTHIRAMAN , J.
ar 07.08.2025 6/6