S.Sathyakumar v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2025
CORAM:
THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.29059 of 2025 S.Sathyakumar ... Petitioner Vs.
1. The Commissioner, Kumbakonam Municipal Corporation, Kumbakonam, Thanjavur District.
2. The Assistant Fire Officer, Fire and Rescue Services Department, Aruna Jagatheesan Garden, Karaikal Main Road, Muthupillai Mandapam, Kumbakonam.
3. The Assistant Divisional Engineer, Highways Department, Karaikal Road, Kumbakonam.
4. The District Superintendent of Police District Police Office, Thanjavur District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to set up and auction Diwali stalls on both sides of Thanjavur Main Road, from Murari Sweet Stall to M.S.M.Cinema Theatre, during the Diwali Festival 2025, and to consider representations within a reasonable 1/4
time as fixed by this Honble Court and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.
For Petitioner : Mr.A.Senthil Kumar For R1 : Mr.B.Jameelarasu For R2 and R3 : Mrs.D.Farjana Ghoushia Special Government Pleader For R4 : Mr.S.Prakash Government Advocate (Crl.Side)
ORDER
This writ petition has been filed seeking a direction to the 1st respondent to set up and auction Diwali stalls on both sides of Thanjavur Main Road, from Murari Sweet Stall to M.S.M.Cinema Theatre, during the Diwali Festival 2025 and to consider his representation.
2. By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.
3. The Hon'ble Division Bench consisting of the Hon'ble Chief Justice has passed an order in W.P(MD)No.28768 of 2025 dated 13.10.2025, where a similar request has been made. The said order reads as under:- 2/4
"This petition is for issuance of mandamus directing the respondents to allocate the temporary vending shops in the 2nd respondent Corporation for Diwali festival to the licensed biometric street vendors by receiving proper fees from the street vendors.
2. It is essentially a matter of policy for the local body to grant or not to grant street vending licenses as a temporary measure during any festive season. We are given to understand that certain applications have been made. No mandamus can be issued as such for grant of vending license on temporary basis. We leave it open to the concerned Corporation to consider those applications.
3. The petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous application is closed. "
4. The Hon'ble Division Bench has clearly stated that a mandamus cannot be issued. Therefore, it is open to the Corporation to take a decision in this regard.
5. Accordingly, the writ petition stands dismissed. No costs. 15.10.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4
P.T.ASHA, J.
rgm To
1. The Commissioner, Kumbakonam Municipal Corporation, Kumbakonam, Thanjavur District.
2. The Assistant Fire Officer, Fire and Rescue Services Department, Aruna Jagatheesan Garden, Karaikal Main Road, Muthupillai Mandapam, Kumbakonam.
3. The Assistant Divisional Engineer, Highways Department, Karaikal Road, Kumbakonam.
4. The District Superintendent of Police District Police Office, Thanjavur District.
W.P.(MD).No.29059 of 2025 15.10.2025 4/4