Madras High CourtWP(MD)/30985/2025disposed of

M.Suja v. The Commissioner

2025-11-27Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA 1.M.Suja 2.Atlin 3.Delphin Jacob .. Petitioners Vs.

The Commissioner, Kanyakumari Municipality, Municipality Office, Kanyakumari, Kanyakumari District.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to auction and grant licence for hawking/street vending in the vacant lands vested in the Kanyakumari Municipality in Ayyan Thirvaluvar Salai, Rajiv Gandhi Statute to Government Museum, Sannathi Street and Biomini car parking by considering the petitioner's representation dated 11.09.2025 in light of the order made by this Court in W.P(MD)No. 24786 of 2023 dated 01.11.2023 within the time that maybe stipulated by this Court.

For Petitioners : Mr.M.Mahaboob Athiff For Respondent : Mr.H.Arumugam

ORDER

This writ petition has been filed for the following relief : "directing the respondent to auction and grant licence for hawking/street vending in the vacant lands vested in the Kanyakumari Municipality in Ayyan Thirvaluvar Salai, Rajiv Gandhi Statute to Government Museum, Sannathi Street and Biomini car parking by considering the petitioner's representation dated 11.09.2025 in light of the order made by this Court in W.P(MD)No.24786 of 2023 dated 01.11.2023."

2. The petitioners had preferred a representation dated 11.09.2025 requesting the respondent to auction and grant licence for hawking/street vending in the vacant lands vested in the Kanyakumari Municipality in Ayyan Thirvaluvar Salai, Rajiv Gandhi Statute to Government Museum, Sannathi Street and Biomini car parking in light of the order made by this Court in W.P(MD)No.24786 of 2023 dated 01.11.2023. Since the same was not considered, the petitioners are before this Court.

3.This Writ Petition is disposed of on the following terms : (i) The petitioners are permitted to vend only by carrying the products by hand or on their heads, etc., They shall not use pushcarts, cycles or any similar conveyance. They shall vend only on the beach sand and not on the road abutting the beach. (ii) They shall also ensure that the garbage emanating from their products is collected and taken back by them and no litter is left on the beach.

(iii) In the event of any violation of these directions, it is open to the respondent to forthwith prohibit the concerned person from carrying on any kind of vending activity. (iv) It is needless to state that this order shall enure only to the persons in whose favour the order is being passed and shall not be relied upon or used by others for their benefit.

4. With the above directions, this Writ Petition stands disposed of. No costs.

27.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To The Commissioner, Kanyakumari Municipality, Municipality Office, Kanyakumari, Kanyakumari District.

P.T.ASHA, J.

gbg 27.11.2025