N.Dinesh Kumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.53853 of 2025 N.Dinesh Kumar ... Petitioner Vs.

1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

2.The Zonal Officer/ Chairman (Township Vending Committee) (Zone No.9) Corporation of Chennai, Nungambakkam, Chennai - 600 034.

3.The Senior Revenue Officer, Corporation of Chennai, (Zone No.9) Nungambakkam, Chennai - 600 034.

4.The Superintending Engineer, Special Projects and Smart City, Chennai Smart City Ltd., Corporation of Chennai, Ripon Buildings, 4th Floor, Chennai - 600 003.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents, their officials, subordinates from allotting smart shops erected/to be erected under the Smart City Scheme in the Kader Nawaz Khan Road, Thousand Lights, Chennai - 600 006, to outsiders without allotting one shop to the petitioner. For Petitioner :

Mr.L.Chandrakumar For R1 to R4 :

Mr.D.B.R.Prabhu Standing Counsel

O R D E R

This writ petition has been filed to forbear the respondents, their officials, subordinates from allotting smart shops erected/to be erected under the Smart City Scheme in the Kader Nawaz Khan Road, Thousand Lights, Chennai - 600 006, to outsiders without allotting one shop to the petitioner. 2.It is the case of the petitioner that he is running a mobile bunk shop opposite to Kakkani Towers, Kader Nawaz Khan Road, Nungambakkam, Chennai, for the past several years. He is eking out his livelihood by selling tea, coffee and other items. The petitioner has been issued with street vending ID Card by the respondents. Now, the respondents have decided to develop the Kader Nawab Khan Road under Smart City Scheme and most

of the works have been completed. The respondents have erected two bunk shops in the Kader Nawab Khan Road and they are going to erect ten more shops therein. Therefore, the respondents are trying to re-locate the petitioner's shop. It is the contention of the petitioner that, in that event, the petitioner has to be given an alternative accommodation as per Section 3 of the Street Vendors (Protection of Livelihood Regulation) Act, 2014. In this regard, the petitioner has also given a representation dated 20.11.2025 to the respondents. However, the same has not been considered. Hence, the petitioner has come forward with the present writ petition. 3.Mr.D.B.R.Prabhu, learned Standing Counsel, takes notice for the respondents 1 to 4.

4.By consent of both sides, the matter is taken up for final disposal at the admission stage itself.

5.Learned Standing Counsel appearing on behalf of the respondents 1 to 4 would submit that the representation of the petitioner has to be considered only the Township Vending Committee. He would further submit that the petitioner's shop is coming under the Non-Vending Zone and

therefore, they have requested the petitioner to re-locate his shop, however, the same has not been done so far. However, he would submit that the petitioner's representation would be considered by the 2nd respondent/Township Vending Committee and appropriate orders will be passed on its own merits.

6.In such view of the matter, let the 2nd respondent/Township Vending Committee consider the representation of the petitioner, dated 20.11.2025, on its own merits and in accordance with law, and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order. Till such orders are passed, the respondents shall ensure that the petitioner's shop is not re-located. If at all the petitioner's shop has to be re-located, necessary alternative accommodation shall be provided to the petitioner. 7.With these directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 16.12.2025 mkn

Internet : Yes Index : Yes / No Speaking order : Yes / No To 1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

2.The Zonal Officer/ Chairman (Township Vending Committee) (Zone No.9) Corporation of Chennai, Nungambakkam, Chennai - 600 034.

3.The Senior Revenue Officer, Corporation of Chennai, (Zone No.9) Nungambakkam, Chennai - 600 034.

4.The Superintending Engineer, Special Projects and Smart City, Chennai Smart City Ltd., Corporation of Chennai, Ripon Buildings, 4th Floor, Chennai - 600 003.

N. SATHISH KUMAR, J.

mkn 16.12.2025