High Court · 2025

1/8WP No. 34628 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24-09-2025CORAMTHE HONOURABLE MR JUSTICE R. SURESH KUMARANDTHE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRAWP No. 34628 of 2025andWMP Nos. 38816 & 38817 of 20251. M.Kamaraj2. Balakumari3.Umar Sharif4. David5. Rahim6. Varadharajulu7. Rasul8.Shamil Ahamed9. Geetha10. Yusub11. Jayaprakash12. Kalaivani13. Anusiya14.Ashrab Ali15. Thajudeen16.Baheer Ahamed17.Mohamed Azarudeen18.Shageetha @ Sabana https://www.mhc.tn.gov.in/judis 2/8WP No. 34628 of 202519. Vasanth20.Abbas Ali21.Naseema Banu22.Sartaj Begum23. Devan24. Sudha25. SelvamPetitioner(s)Vs1. The CommissionerGreater Corporation of Chennai, Ribbon Building, Parktown, Chennai 600 003.2.The Regional Deputy Commissioner (North )and Chairman of Town Vending Committee, Greater Corporation of Chennai, Zone 5 Basin Bridge Road, Chennai 600 021.3.The Executive EngineerGreater Corporation of Chennai, Zone 5 Basin Bridge Road, Chennai 600 021.4.The Asst. EngineerGreater Corporation of Chennai, Division 58, Kannappar Thidal, Choolai, Chennai 600 012.5.The Inspector o f PoliceG-2, Periamet Police Station, Periamet, Chennai 600 003.Respondent(s)PRAYER: Writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 to restore our mobile bunk shops and thattu kadai at the original place, namely, at V.P. Hall Compound, People's Park road, Opposite to Metro Railway Station, https://www.mhc.tn.gov.in/judis 3/8WP No. 34628 of 2025Allikulam Chennai - 600 003, which had been removed illegally on 12.07.2025 by the 3rd and 4th respondent with the aid of 5th respondent police without prior notice and also not made arrangement of alternate place as per resolution dated 29.01.2025 and 28.03.2025 passed by the Town Vending Committee, chaired by the 2nd and 1st respondent respectively and issue trade certificate to us as per provisions of Street Vendors (Protection of Livelihood and Regulation of Street vending ) Act 2014 and pay damages to each petitioner for mental agony and harassment caused on account of illegal eviction on 12.07.2025.For Petitioner(s):Mr.S.PushpakaranFor Respondent(s):Mr.D.B.R.Prabhu, Standing Counsel for R1 to R4Mr.M.Babu Muthu MeeranAdditional Public Prosecutor for R5ORDER(Order of the Court was made by R.Suresh Kumar J.)The prayer sought for in this writ petition is for a Writ of Mandamus directing the respondents 1 to 5 to restore the petitioners' mobile bunk shops and Thattu Kadai at the original place, namely, at V.P. Hall Compound, People's Park road, Opposite to Metro Railway Station, Allikulam Chennai - 600 003, which had been removed illegally on 12.07.2025 by the third and fourth respondents with the aid of the fifth respondent police without prior notice and also not made arrangement of an alternative place as per the resolution dated 29.01.2025 and 28.03.2025, passed by the Town Vending Committee, chaired by the second and first respondents respectively and issue trade certificate to the petitioners as per the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street vending ) Act 2014 and pay damages to each petitioner https://www.mhc.tn.gov.in/judis 4/8WP No. 34628 of 2025for mental agony and harassment caused on account of illegal eviction on 12.07.2025.2.The petitioners herein have made a tall claim that they have been running street vending business by running Bunk Shops and Thattu shops i.e., Thattu Kadai in the locality called V.P. Hall Compound, People's Park road, Opposite to Metro Railway Station, Allikulam Chennai - 600 003. It is their further case that the said location since having been declared to be a non vending zone by the Town Vending Committee under the Street Vendors Act, there had been removal of encroachment drive taken place by the respondent Corporation on 12.07.2025 with the help of the Police and all these petitioners were removed from that locality.3.It is only in this context, they filed the present writ petition with a prayer that as per the resolution of the Town Vending Committee, dated 29.01.2025 and 28.03.2025, whenever the Corporation found that the street vending in the non vending zone are to be removed or evicted, an alternative place in the vending zone as far as possible in the nearby locality can be found out and be allotted to them. Despite the resolution has been passed, as directed by the Commissioner of Corporation/the Chairman of the Committee, no such alternative place has been found out so far by the respondent Corporation. https://www.mhc.tn.gov.in/judis 5/8WP No. 34628 of 2025Therefore, in order to redress their grievances to provide at least an alternative location, they have approached this Court by joining together and filed this writ petition.4.Heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondents.5.The learned standing counsel for the respondent corporation on instructions would submit that admittedly, the place where they had been running the street vending business by having Bunk Shops since was already declared to be a non vending zone and despite the warning already been given, they have not removed them. Therefore, it becomes necessitated for the Corporation to have the removal of encroachment drive on 12.07.2025 and accordingly, all these encroachments in the name of street vending have been removed.6.Insofar as the resolution dated 28.03.2025 is concerned, no doubt such a resolution has been passed in the Town Vending Committee meeting based on which already an alternative place just behind the Amma Maligai in the Allikulam link road, which is very adjacent to the Corporation building i.e.,Ripon building have been identified, which is going to be declared as a vending zone soon by the Town Vending Committee and that location had https://www.mhc.tn.gov.in/judis 6/8WP No. 34628 of 2025already been indicated to them orally, but, they have not so far moved to the said place, which is an alternative place found out by the respondent Corporation. 7.The submissions made by the learned counsel on either side having been taken note of, this Court is inclined to dispose of this writ petition with the following orders, that the respondent Corporation is hereby directed to give written intimation after verifying the credentials of the petitioners and their claim as to whether they had been running any street vending business in the erstwhile locality at Allikulam as claimed by them in this writ petition and if so, the petitioners can be identified for the purpose of locating them in the alternative site which they have mentioned behind Amma Maligai at Allikulam link road, at Chennai as the said location would soon be declared to be a vending zone.8.If any of the petitioners are found to be not have been conducting any street vending business as claimed by them and they were not subjected to any removal of encroachment drive dated 12.07.2025, such kind of requests need not be considered by the respondent Corporation.9.The needful as indicated above shall be undertaken by the respondent Corporation and be intimated to the eligible petitioners alone within a period of https://www.mhc.tn.gov.in/judis 7/8WP No. 34628 of 2025four (4) weeks from the date of receipt of a copy of this order. With these directions, the writ petition stands disposed of. No costs. Consequently, connected WMP No.38817 of 2025 is closed. The petition filed in WMP No.38816 of 2025 seeking to permit the petitioners to file the writ petition jointly stands ordered inasmuch as the petitioners have paid the separate set of Court fee. (R.S.K., J.) (A.D.J.C., J.)24-09-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NosliTo1. The CommissionerGreater Corporation of Chennai, Ribbon Building, Parktown, Chennai 600 003.2.The Regional Deputy Commissioner (North )and Chairman of Town Vending Committee, Greater Corporation of Chennai, Zone 5 Basin Bridge Road, Chennai 600 021.3.The Executive EngineerGreater Corporation of Chennai, Zone 5 Basin Bridge Road, Chennai 600 021.4.The Asst. EngineerGreater Corporation of Chennai, Division 58, Kannappar Thidal, Choolai, Chennai 600 012.5.The Inspector o f PoliceG-2, Periamet Police Station, Periamet, Chennai 600 003. https://www.mhc.tn.gov.in/judis 8/8WP No. 34628 of 2025R.SURESH KUMAR J.ANDA.D.JAGADISH CHANDIRA J.sliWP No. 34628 of 2025andWMP Nos. 38816 & 38817 of 202524-09-2025