Meenakshi Sundaram v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.6324 of 2025 Meenakshi Sundaram : Petitioner Vs.

1. The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.

2. The Chairman, Town Vending Committee, Tirunelveli.

3. The Assistant Commissioner of Police, Tirunelveli Town, Tirunelveli.

4. The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from disturbing the petitioners street vending business located at in front of Adukku Sudalai Maadan Temple, Opposite the PKS Vegetable Shop, 1/5

West Car Street at Tirunelveli Town.

For Petitioner : Mr.T.Leninkumar For Respondents : Mr.A.Sivanu Pandian for R1 Mr.K.Gnanasekaran Government Advocate (Crl.) for R3 & R4

O R D E R

In view of the consent expressed by the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the second respondent is dispensed with.

2. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is a street vendor using a pushcart in front of the Aduku Sudalai Maadan Temple, Tirunelveli Town, without causing any disturbance to the general public. The learned counsel further submitted that, on a previous occasion, this Court in W.P. (MD) Nos. 325 to 328 of 2018 had passed an order in favour of four street vendors, directing the respondents not to disturb the said vendors until they identified an alternative location and relocated 2/5

them. Based on this, the learned counsel for the petitioner sought the same relief as was granted to those four street vendors.

3. In view of the above submissions and in the light of the order passed in W.P. (MD) Nos.325 to 328 of 2018, dated 05.03.2018, this Writ Petition stands allowed on the same grounds. However, there shall be a direction to the first respondent to identify an alternative vending zone for the petitioner within a period of two months from the date of receipt of a copy of this order. Till such time, the status quo shall be maintained between the parties. No costs. Consequently, connected miscellaneous petition is closed.

07.04.2025 Index : Yes / No Internet : Yes / No PKN 3/5

To

1. The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.

2. The Chairman, Town Vending Committee, Tirunelveli.

3. The Assistant Commissioner of Police, Tirunelveli Town, Tirunelveli.

4. The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.8465 of 2025 07.04.2025 5/5