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M/S. Perunthalaivar Kamraj Nagar Kudiyiruppor Nala Sangam v. The Distirct Collector

2026-02-04Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice R. Kalaimathi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI M/s.Perunthalaivar Kamaraj Nagar Kudiyiruppor Nala Sangm, Represented by its President, Dr.A.P.Paneerselvam, 12-A, Kamaraj Nagar, Rajapalayam-626 117, Virudhunagar District.

... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Commissioner, Rajapalayam Corporation Office, T.P.Mills Road, 3.The Revenue Divisional Officer, Revenue Divisional Office, Sathur-626 203.

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4.The Tahsildar, Rajapalayam Tahsildar Office, Ayyanar Kovil Street, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent to remove the encroachment made by the fish vendors in Seeniyapa Nadar Main Road, Rajapalayam, Virudhunagar District and the road mainly connecting tenkasi road to T.P.Mills road as it's a residential area.

For Petitioner : Mr.K.Balasundaram Senior Counsel For Respondents : Mr.A.Baskaran Additional Government Pleader for R1, R3 & R4 : Mr.N.Dilip Kumar for R2

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard the learned senior counsel appearing for the writ petitioner and the learned standing counsel for the local body and the learned Additional Government Pleader for the official respondents. 2/5

2. The petitioner is a resident of Kamaraj Nagar, Rajapalayam. The residential association is before us. Their grievance is that in Seeniyappa Nadar main road, fish vending takes place and as a result, they are put to considerable nuisance and hardship.

3. We wanted to know from the learned standing counsel for the Rajapalayam Municipality whether the road in question has been notified under the Street Vendors Act. It is conceded that the road in question has not been notified as the place where the street vending can take place. But the photographs enclosed in the typed set of papers indicate that the fish vendors are carrying on their activities in the said road. It is stated that they do not have proper license.

4. The learned standing counsel would state that a sum of Rs.15,00,000/- has been allocated and that a new complex is being built and that the fish vendors would be directed to shift their business activities to the newly constructed complex within a period of three months.

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5. Recording the aforesaid submission, we direct the second respondent to ensure that in Kamaraj Nagar and in particular Seeniyappa Nadar main road, no fish vending activity takes place after the expiry of the aforesaid three months.

6. The writ petition is allowed on these terms. No costs. (G.R.S., J.) (R.K.M., J.) 04.02.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sathur-626 203.

3.The Tahsildar, Rajapalayam Tahsildar Office, Ayyanar Kovil Street, 4/5

G.R.SWAMINATHAN, J.

AND R.KALAIMATHI, J.

rmi 04.02.2026 5/5