R.Mayil Vahanam v. R.Jeyabharath
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.5560 of 2024 R.Mayil Vahanam ... Appellant Vs.
1.R.Jeyabharath 2.The Director of Municipal Administration, O/o.Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
3.The Joint Commissioner of Municipal Administration, Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
4.The Regional Director of Municipality, Municipal Administration, Melakkal Road, 1/18
Kochadai, Madurai.
5.Ramanathapuram Municipality, Rep. by Commissioner (In-charge), Ramanathapuram District, Ramanathapuram.
... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.13005 of 2023 dated 22.12.2023 on the file of this Court. For Appellant : Mr.K.Ragatheesh Kumar For Respondents : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.N.Ramesh Arumugam, Government Advocate for R2 to R4.
Mr.S.Rajasekar for R1 Mr.K.Saravanan for R5
JUDGMENT
(By G.R.SWAMINATHAN, J.) Heard both sides.
2.The case on hand pertains to the license issued in favour of the appellant for collecting fees from street vendors in Ramanathapuram 2/18
Municipal Town for a period from 01.04.2023 to 31.03.2026 (three years). It was questioned by one Jeyabharath by filing W.P.(MD)No.13005 of 2023. The appellant also filed W.P.(MD)No.16317 of 2023 seeking adjustment of the EMD already paid by him towards bid amount. Both the writ petitions were heard together and disposed of by the learned Single Judge by a common order dated 22.12.2023. The learned Single Judge took the view that when Street Vendor (Protection of Livelihood and Regulation of Street Vending) Act 2014 and the Rules framed thereunder had come into force, the question of issuing license in favour of private individuals for collection of vending fees would not arise at all. The learned Single Judge concluded that it would be illegal.
He called upon the Director of Municipal Administration to make a statement in this regard in the light of the statutory scheme. In response thereto, the Director of Municipal Administration admitted that what had happened was not in accordance with the statute and promptly gave his concurrence for cancellation of the entire proceedings. Recording all these developments, the writ petitions were disposed of. Aggrieved by the same, the successful bidder who is the appellant herein has filed this writ appeal.
3.We are of the view that the approach adopted by the learned Single Judge cannot be faulted. At the same time, we wanted to know the position prevailing in other municipalities and corporations. To our utter shock and surprise, we were informed that the illegality which was cut-short by the learned Single Judge as far as Ramanthapuram is concerned is very much prevailing in almost all other parts of the State (168 urban local bodies).
4.We called upon the Director of Municipal Administration to make a statement in this regard. Pursuant to the nudging of this Court, today ie., 25.07.2025, the learned Additional Advocate General produced copy of the circular bearing R.O.C.No.23913/2023/UPA dated 18.07.2025, which reads as follows:- "Roc. No:23913/2023/UPA Dated:
18.07.2025 Sub:- Street Vendors - Ramanathapuram Municipality - Tamil Nadu Street Vendors Act, 2014 - Collection of vending fee and maintenance charges in ULBs -Status Report submitted. Ref:- 1. WA (MD) No.758 of 2024 filed by R.Mayilvahanam, before the Madurai Bench of Madras High Court, Dated:02.07.2025. 2.This office letter Roc.No:20789/2021/UPA-1, Dated: 4/18
18.07.2025 3.This office letter Roc.No:20789/2021/UPA-2, Dated: 18.07.2025 4.This office letter Roc.No:20789/2021/UPA-3, Dated: 18.07.2025 5.This office letter Roc.No:20789/2021/UPA-4, Dated: 18.07.2025 6.This office letter Roc.No:20789/2021/UPA-5, Dated: 18.07.2025 7.This office circular Roc.No:20789/2021/UPA, Dated: 18.07.2025 ********* As per direction of the Hon'ble Madurai Bench of Madras High Court WA(MD)No.758 of 2024, dated:02.07.2025, the following report is submitted.
1) Under the preview of Director of Municipal Administration, there are 168 ULBs comprising 144 Municipalities and 24 Corporations. Out of these 10 ULBs (2 Corporations + 8 Municipalities) have completed street vendors survey, constituted Town Vending Committee also got approval from vending committee for demarcation of vending and non vending zones as detailed below. Table- I S.No Name of the ULB Vending zones Notification Date of TVC Resolution obtained 5/18
Vellore 28.11.2024 Kumbakonam 03.04.2025 Nagapattinam 29.05.2025 Vedaranvam 28.03.2025 Rameshwaram 02.05.2025 Collachel 10.09.2024 Kuzhithurai 20.12.2024 Padmanabhapura m 22.11.2024 Kollankodu 16.05.2025 Senqottai 14.05.2025 Total In this office reference 2nd, necessary instruction have been issued to the above 10 ULBs (Table-I), based on which they have obtained Town Vending Committee resolution for the demarcated vending and non vending zones, to fix the vending fee in accordance with the Tamil Nadu Street Vendors Act, 2014 and to commence the collection of vending fee, from the street vendors with immediate effect.
2) In this office reference cited 3rd necessary instructions have been issued to the following 41 ULBs (Table-II), based on which they have constituted Town Vending Committees. These ULBs have demarcated the vending, non vending zones and have been instructed to place the demarcated zones before the Town Vending Committee for approval. Further, they have been directed to fix the vending fee in accordance with the Tamil Nadu Street Vendors Act, 2014 and to 6/18
commence the collection of vending fee, from the street vendors with effect from 01.09.2025.
Table-II Sl.
No.
Name of the ULB No. of Vending zones identified Thanjavur Thoothukudi Chengalpattu Maduranthagam Ranipet Thiruppathur Ambur Arani Thiruvathiouram Mettur ldappadi Komarapalayam Rasipuram Dharmapuri Punjaipuliampatti Karamadai Udhagamandalam Pattukottai Sirkazhi Perambalur Thuraiyur Manapparai Thuvakudi Musiri Lalgudi 7/18
Mannargudi Oddanchatram Melur Usilampatti Ramanathapuram Paramakudi Devakottai Sivagangai Theni llinagaram Periyakulam Sankarankovil Kadayanallur Puliangudi Surandai Kalakkadu Kovilpatti Total 3.In this office reference cited 4th, necessary instructions have been issued to the following 66 ULBs (Table-Ill), base on which they have constituted Town Vending Committees, However, the demarcation of vending, non vending zones is still pending in these ULBs. They have been instructed to complete the demarcation of vending, non vending zones and place the same before respective Town Vending Committees for approval. Additionally, they have been directed to fix the vending fee as per the provisions of the Tamil Nadu Street Vendors Act, 2014, and commence the collection of vending fee from the street vendors from 01.10.2025 onwards. 8/18
Ta bl e - III S.No.
Name of the ULB Hosur Tiruchirappalli Karaikudi Thiruvanamalai N.Guduvanchery Mangadu Thiruvallur Poonamallee Thiruthani Ponneri Chidambaram Nellikuppam Vadalur Gudiyatham Pernampattu Melvisharam Walajapet Vaniyambadi Jolarpet Villupuram Thirukovilur Sankagiri Tiruchengode Gobichettipalayam Sathiyamangalam Bhavani Pollachi Mettupalayam Valparai Gudalur Karumathampatti Madukkarai Coonoor Gudalur (0giris) Nelliyalam 9/18
Udumalaipet Dharapuram Palladam Kangeyam Thirumuruganpoondi Vellakoil Adhirampattinam Mayiladuthurai Tiruvarur Thiruthuraipoondi Koothanallur Jayankondam Ariyalur Kodaikanal Tirumangalam Keelakarai Manamadurai Bodinayakanur Cumbum Chinnamanur Gudalur (T) Tenkasi Vikramasingapuram Ambasamudram Kayalpattinam Thiruchendur Rajapalayam Virudhunagar Srivilliputhur Aruppukottai Sattur 10/18
4. In this office reference cited 5th, necessary instructions have been issued to the following 51 ULBs (Table-lV),based on which they have completed the survey and identified the street vendors. However these ULBs are yet, to constitute Town Vending Committees and to demarcate vending and non vending zones. They have been instructed to complete the demarcation of vending and non vending zones, place the same before Town Vending Committee for approval, fix the vending fee as per Tamil Nadu Street Vendors Act, 2014 and begin collecting vending fees from the street vendors from 01.11.2025.
Table- IV S.No.
Name of the ULB Kancheepuram Tirunelveli Madurai Coimbatore Dindigul Nagercoil Avadi Tiruppur Erode Salem Karur Cuddalore Sivakasi Tambaram Namakkal Pudukkottai Maraimalainagar 11/18
Mamallapuram Kundrathur Sriperumbudur Thiruverkadu Thirunindravur Panruti Virudhachalam Thittakudi Arcot Arakkonam Sholingar Vandavasi Polur Sengam Tindivanam Kottakuppam Kallakurichi Ulundurpettai Attur Narasingapuram Idanganasalai Tharamangalam Pallipalayam Krishnagiri Kulithalai Pallapatti Pugalur Perundurai Kothagiri Avinashi Thiruvaivaru Aranthangi Palani Kanniyakumari 12/18
5.Based on the reports received from ULBs, it is stated that 4 Corporations and 20 Municipalities totally 24 ULBs (Table-V) are currently collecting vending fee from the street vendors through tender process. However in 7 ULBs, the Town Vending Committee has not yet been constituted and in 16 ULBs, vending, non vending zones have are yet to be demarcated. These 24 ULBs are in process of obtaining Town Vending Committee (TVC) resolution for demarcated vending and non vending zones.
Table- V S.No.
Date of TVC resolution obtained for vending zones Name of the ULB Date of constitution of TVC Whether vending zone demarked Karaikudi 26.07.2024 No - Pudukottai - No - Tiruvannmalai 10.06.2025 No - Kancheepuram - No - Tiruvallur 10.06.2025 No - Chidambaram 10.06.2025 No - Thittakudi No - Vaniyambadi 22.01.2024 No - Polur - No - Sengam - No - Kallakuruchi - No - Mayiladuthurai 27.11.2024 No - Usilampatti 05.08.2024 Yes - Paramakudi 15.07.2024 Yes - Keelakarai 02.08.2024 No - Sivagangai 14.07.2024 Yes - Tenkasi 02.08.2024 No - 13/18
Sankarankovil 16.08.2024 Yes - Kovilpatti 14.08.2024 Yes - Mettur 12.08.2024 Yes - ldappadi 14.02.2025 Yes - Sankagiri 31.03.2023 No - Rasipuram 30.08.2024 Yes - Kulithalai - No - Wherever the Town Vending Committee has not been constituted and the vending and non vending zones have not been demarcated and placed:beyore Town Vending Committee, necessary instructions have been issued as per this office reference 6th cited, to take immediate action to demarcate vending and non vending zones, place the proposal before the Town Vending Committee for approval. Further, it is instructed to revise th existing practice and fix the vending fee as per section 9 of the Tamil Nadu Street Vendors Act, 2014, to collect the vending fees from the vendors who have been issued a certificate of vending.
6.In this office reference ih cited, a circular has been issued to Commissioners of all Corporations and Municipalities to fix and collect vending fees, for the occasional, festival and seasonal vendors after getting approval from Town Vending Committee. They have also been directed to fix and collect maintenance charges from the street vendors with approval of municipal council." 14/18
5.It is undertaken before us that this practice of issuing license to private individuals for collecting street vending fees would stand banned with effect from 01.09.2025. We also direct Ramanathapuram Municipality to refund the proportionate amount to the appellant herein without any further delay.
6.There is some dispute between the appellant and the local body regarding the period of license enjoyed by him. According to the local body, it is 122 days. In any event, interim injunction was granted on 31.07.2023 and since then, the appellant has not been able to enjoy the fruits of the license. Hence, it shall be taken as the reckoning date. The amount to be refunded to the appellant will be for the period from 31.07.2023 to 26.03.2024. It shall also carry interest at the rate of 6% per annum.
7.This writ appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (K.R.S. J.,) 25.07.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 15/18
To:
1.The Director of Municipal Administration, O/o.Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
2.The Joint Commissioner of Municipal Administration, Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
3.The Regional Director of Municipality, Municipal Administration, Melakkal Road, Kochadai, Madurai.
4.Ramanathapuram Municipality, Rep. by Commissioner (In-charge), Ramanathapuram District, Ramanathapuram.
16/18
17/18
G.R.SWAMINATHAN, J.
and K.RAJASEKAR, J.
ias 25.07.2025 18/18