Rasul Maithin, v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) Nos. 23520 & 23521 of 2025 and W.M.P.(MD) Nos.18479 & 18489 of 2025 Rasul Maithin ... Petitioner in W.P.(MD) No.23520 of 2025 Nambikumar ... Petitioner in W.P.(MD) No.23521 of 2025 Vs The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.
... Respondent in both W.Ps PRAYER IN W.P(MD) NO.23520 OF 2025: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondent not to disturb the petitioner's street vending business located at opposite to Co-optex and Punjab National Bank, North Car Street at Tirunelveli City.
PRAYER IN W.P(MD) NO.23521 OF 2025: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 1/5
respondent not to disturb the petitioner's street vending business located at in front of RMKV Entrance (East Side), opposite to Ramraj Cotton and Hilal Press, North Car Street at Tirunelveli City.
For petitioners : Mr. T.Leninkumar (in both W.Ps) For respondent : Mr. A.Sivanupandian (in both W.Ps) Standing Counsel ***** COMMON ORDER By this common order, two Writ Petitions have been disposed of at the time of admission with the consent of the learned counsel for the petitioner and the learned Standing Counsel for the respondent.
2. These Writ Petitions have been filed for the following relief: W.P.(MD) No.23520 of 2025 W.P.(MD) No.23521 of 2025 To direct the respondent not to disturb To direct the respondent not to disturb the petitioner's street vending business the petitioner's street vending business located at opposite to Co-optex and located at in front of RMKV Entrance Punjab National Bank, North Car Street (East Side), opposite to Ramraj Cotton at Tirunelveli City.
and Hilal Press, North Car Street at Tirunelveli City.
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3. It is informed by the learned counsel for the petitioner that till date, neither the Vending Committee has been constituted nor Vending Zone has been identified.
4. It is further submitted that till such exercise is made, the petitioner cannot be disturbed.
5. In this connection, the learned counsel for the petitioner has place reliance on the decision of this Court rendered in the following two cases:
1. Yasin and the Commissioner, Tirunelveli Corporation (W.P.(MD) No.326 of 2018, dated 05.03.2018);
2. Sankaranainar vs. the Commissioner, Tirunelveli Corporation (W.P. (MD) No.19169 of 2020, dated 08.01.2021.
6. Recently also, this Court has held that as long as the Vending Committee has not been constituted and Vending Zone has not been identified. Considering the same, the petitioner cannot be disturbed. Therefore, I do not find any reason to take a different view of the matter.
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7. Accordingly, there shall be an order as prayed for. It is made clear that once the Vending Committee is constituted/elected and Vending Zone is identified, the petitioner shall cooperate with the Vending Committee under the provisions of the Street Vendors Act, 2014.
8. These Writ Petitions are disposed of, with the above observations. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 28.08.2025 Internet : Yes / No apd To The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.
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C.SARAVANAN, J.
apd W.P.(MD) Nos. 23520 & 23521 of 2025 28.08.2025 5/5