S.Ramar Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

S.Ramar Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Mandamus refused; both writ petitions dismissed with no order as to costs, but with liberty to apply afresh for permission at a suitable alternative location within a Vending Zone, to be considered on merits by the Corporation / Town Vending Committee.

Issue for consideration

Whether a writ of mandamus should issue directing the respondents to consider and pass orders on the petitioners' representations dated 23.01.2025 under the Street Vendors (Protection of Livelihood Regulation) Act, 2014, granting permission / certificate of vending and not disturbing their bunk shops. +1 more

Court's answer

While dismissing the writ petitions, the Court directed that the dismissal would no way preclude the petitioners from identifying a suitable place either in the same Ethiraj Salai within the Vending Zone or any other suitable location and filing a necessary application, which the Corporation / Town Vending Committee shall consider and decide on merits and in accordance with law at the earliest.

Ratio / Principle

The locations for which vending permission was sought lie on Ethiraj Salai, which has already been declared a Non-vending Zone except a stretch of 115 meters; therefore permission cannot be granted at the requested spots.

Key takeaways

No street vending business would be permitted within 100 meters radius from any educational institution or temple etc.; further, as per the decision taken by the respondent Chennai Corporation (a position this Court states it has clarified in more than one case), no bunk shop could be permitted to be erected, so the petitioners' proposed bunk-shop vending also cannot be permitted.ratio¶38

Detailed headnote1 paragraphs

Madras High Court (common order, R. Suresh Kumar and A.D. Jagadish Chandira, JJ.; order made by R. Suresh Kumar, J.), 10.09.2025 — Two writ petitions by street vendors (S. Ramar and P. Rani) seeking mandamus under the Street Vendors (Protection of Livelihood Regulation) Act, 2014 to obtain vending permission/certificates for bunk shops at Ethiraj Salai, Egmore, Chennai, are dismissed. Grounds: (i) Ethiraj Salai stands declared a Non-vending Zone except a 115-meter stretch; (ii) no street vending is permitted within 100 meters radius of an educational institution (the sites adjoin Ethiraj College) or temple etc.; and (iii) per the respondent Corporation's decision, earlier clarified by this Court in more than one case, no bunk shop may be erected. Dismissal leaves the petitioners free to apply afresh for a suitable Vending-Zone location, to be decided on merits and in accordance with law. No order as to costs.

W.P.Nos.10350 & 10356 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

W.P.Nos.10350 & 10356 of 2025

S.Ramar ... Petitioner in W.P.No.10350 of 2025 P.Rani ... Petitioner in W.P.No.10356 of 2025

-Vs-

The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

The Chairperson /

Zonal Executive Engineer Zone, Zone No: V (The Town Vending Committee), Corporation of Chennai, Chennai District. ... Respondents in both W.Ps

PRAYER in W.P.No.10350 of 2025 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 23.01.2025 as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014, made for granting permission / certificate of vending and till such time not to disturb with the running of the petitioner's bunk shop at Near Indian Bank, Ethiraj Salai, Egmore, Chennai - 600 008 wherein selling juice, tea, coffee and food items by using LPG Gas Stove.

PRAYER in W.P.No.10356 of 2025 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 23.01.2025 as per the provisions of the Street Vendors (Protection of Livelihood

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W.P.Nos.10350 & 10356 of 2025

Regulation) Act, 2014, made for granting permission / certificate of vending and till such time not to disturb with the running of the petitioner's bunk shop opposite to Dasaprakash Apartment, Varadharajulu Street, Egmore, Chennai - 600 008 wherein selling juice, tea, coffee and food items by using LPG Gas Stove.

For petitioners in both W.Ps : Mr.A.Elamparithi For Respondents : Ms.K.Aswini Devi in both W.Ps Standing Counsel

C O M M O N O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.)

Since the issue raised in both these writ petitions is one and the same,

with the consent of the learned counsel appearing for both sides, these writ

petitions have been heard together and are disposed of by this common order.

2 . In both the cases, the respective writ petitioners wanted to have a street vending business at Ethiraj Salai, Chennai. In this regard, representation has been submitted on 23.01.2025 and in order to consider the same to get permission from the respondent Corporation or its Town Vending Committee for running such street vending business, seeking a direction by way of

mandamus, both the writ petitions have been filed.

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W.P.Nos.10350 & 10356 of 2025

3. Heard Mr.A.Elamparithi, learned counsel appearing for the petitioners

and Ms.K.Aswini Devi, learned Standing Counsel appearing for the respondent Corporation.

4. The learned Standing Counsel appearing for the respondent Corporation, on instructions, would submit that, already Ethiraj Salai, except 115 meters of stretch, declared to be a Non-vending Zone, that means, only 115 meters length at Ethiraj Salai in a particular area alone has been declared to be a Vending Zone. Insofar as the present place for which the permission sought for by the petitioners to have street vending business that too have by way of bunk shop, that is just opposite to or next to Ethiraj College which is an educational institution and as per the norms, within 100 mts from educational institution, no such street vending business would be permitted and on that count, the request made by the petitioners cannot be considered, therefore, it is liable to be rejected, she contended.

5. We have considered the said submissions made by the learned counsel

appearing for both sides and have perused the materials placed before this Court.

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W.P.Nos.10350 & 10356 of 2025

6. Insofar as the location where the permission has been sought for by the petitioners is concerned, such location, i.e., Ethiraj Salai has already been declared to be a Non-vending Zone except the stretch of 115 meters.

7. Moreover, no street vending business would be permitted within 100 meters radius from any educational institution or temple etc., That apart, as per the decision taken by the respondent Chennai Corporation, no bunk shop could be permitted to be erected and based on the bunk shop, no street vending business to go on and this position has been clarified in more than one case by us and when that being so, the proposed bunk shop to have a street vending business as claimed by the petitioners also cannot be permitted.

8. Therefore, for all such reasons, the present plea raised by the writ petitioners respectively since cannot be considered and granted positively, we are inclined to dismiss these Writ Petitions, accordingly, they are dismissed. However, the dismissal of the writ petitions would no way preclude the petitioners to identify a suitable place either in the same Ethiraj Salai within the Vending Zone or any other suitable location and after finding out such suitable alternative location in a Vending Zone, necessary application can be filed to the respondent Corporation and in such case, the same can be considered and

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W.P.Nos.10350 & 10356 of 2025

decided by the Corporation / Town Vending Committee on merits and in

accordance with law at the earliest. However, there shall be no order as to costs.

(R.S.K., J.) (A.D.J.C., J.) 10.09.2025

NCC : Yes / No Index : Yes / No Speaking Order : Yes / No

vji

To

The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

The Chairperson / Zonal Executive Engineer Zone, Zone No: V (The Town Vending Committee), Corporation of Chennai, Chennai District.

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W.P.Nos.10350 & 10356 of 2025

R.SURESH KUMAR, J. and A.D.JAGADISH CHANDIRA, J.

vji

W.P.Nos.10350 & 10356 of 2025

10.09.2025

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