B.Mohamed Rasul v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.15039 of 2025 B.Mohamed Rasul ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Tiruchirappalli District.

2.The Commissioner, Trichy Municipal Corporation, Tiruchirappalli City.

3.The Assistant Commissioner, The Assistant Commissioner Office, Ariyamangalam Zone - II, Tiruchirappalli City.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent herein from in any manner disturbing the peaceful conduct of Chicken roll shop street vending business by the petitioner situated at Melapuliward road, Kalyani Cawaring shop opposite, Uruthu middle school near, Ariyamangalam Zone, Tiruchirappalli City and by consider the petitioner's representation, dated 01.07.2025.

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For Petitioner : Mr.S.Ramakrishnan For R1 : Mr.D.Ghandiraj Special Government Pleader For R2 & R3 : Mr.K.R.Kishore Ram For M/s.R.B.Law Associates

ORDER

This writ petition has been filed for a writ of Mandamus to direct the second respondent from in any manner disturbing the peaceful conduct of Chicken roll shop street vending business by the petitioner situated at Melapuliward road, Kalyani Cawaring shop opposite, Uruthu middle school near, Ariyamangalam Zone, Tiruchirappalli City by considering the petitioner's representation, dated 01.07.2025.

2. The learned Special Government Pleader for the first respondent and the learned counsel for the respondents 2 and 3 submits that an order already has been passed by this Court in WP(MD)No.19395 of 2025 on 17.07.2025. It is submitted that this issue is entirely covered by the aforesaid order

3. The learned counsel for the petitioner submits that he is willing to abide by the aforesaid order.

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4. The order passed by this Court in W.P(MD)No.19395 of 2025 dated 17.07.2025 reads as under:

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioners and the learned Government Advocate appears on behalf of the respondent No.1 and the learned counsel for the respondent No.2.

2. This Writ Petition has been filed by these petitioners, who are the street vendors, who have been doing business of vending miscellaneous items / goods in various locations, to restrain the respondents from in any manner disturbing the peaceful conduct of street vending business by the petitioners situated at Asbhi hotel opposite, Rakeins road, Near Thiruvalluvar Bus stand, Ponmalai Zone, Thiruchirappalli City by considering the petitioners' representation, dated 13.06.2025.

3. It is stated that the respondents are threatening to evict the petitioners without a vending zone having been identified by the Town Vending Committee, as mandated under the provisions of the Tamil Nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2015.

4. The learned counsel for the petitioners would submit that the Town Vending Committee has been constituted after the elections were held. It consists of about 15 members, out of which, six members are from the street vendors. It is submitted that the Town Vending Committee is yet to identify the vending zone.

5. It is further submitted that though the petitioners have been issued with ID card and no vending zone has been identified, the respondents are threatening to evict the petitioners from the present location, where the petitioners are sitting and carrying on their business.

6. Specifically, the learned counsel for the petitioners would draw attention to Section 3(3) of the Act, as per which, no street vendor shall be evicted or as the case may be relocated till the survey specified in sub-section(1) is completed and a certificate of vending is issued to all the vendors.

7. It is submitted that till date, the certificate of vending as is 3/6

contemplated in Section 3(3) and Section 4 of the aforessaid Act, also has not been issued till date. Therefore, there is an imminent threat that the petitioners may be evicted without identification of the vending zone and issuance of the certificate of the vending.

8. On the other hand the learned counsel for the respondent Nos.2 and 3 would submit that there is no immediate proposal to shift the petitioners from the present location of their business as the vending zone is yet to be identified by the Town Vending Committee. It is further submitted that however, once vending zone is identified and certificate of vending is issued, the petitioners will have to vacate and should not squat and carry on the business in the present location.

9. Apart from that, the learned counsel for the respondent Nos.2 and 3 would submit that petitioner No.7 is carrying on his business in Vellore District, which falls under the jurisdiction of the Principal Bench of this Court at Chennai, and therefore, the said petitioner can seek relief only from the Principal Bench and not before this Bench.

10. Considering the arugments made by the learned counsel for the petitioners and the leaned Government Advocate and the learned counsel for the respondent Nos.2 and 3, this Writ Petition is disposed of in so far as petitioner Nos.1 to 6. The respondent shall await for identification of the vending zone and issuance of the certificate of vending as is contemplated under Section 3(3) and Section 4 of the aforsaid Act. Once vending zone is identified and certificate of vending is issued, the petitioner Nos.1 to 6 shall vacate the present location without any protest in terms of the aforesaid Act.

11. With the above directions, this Writ Petition is disposed of insofar as petitioner Nos.1 to 6 are concerned, and is dismissed as against petitioner No.7, as he can seek relief only from the Principal Bench of this Court at Chennai. Consequently, the connected Miscellaneous Petition is closed. No costs. 4/6

5. The writ petition stands disposed of in terms of the above order. No costs. Consequently, the connected miscellaneous petition is closed. 21.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The District Collector, Office of the District Collector, Tiruchirappalli District.

2.The Commissioner, Trichy Municipal Corporation, Tiruchirappalli City.

3.The Assistant Commissioner, The Assistant Commissioner Office, Ariyamangalam Zone - II, Tiruchirappalli City.

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C.SARAVANAN, J.

sn W.P(MD).No.19580 of 2025 21.07.2025 6/6