K.Manikandan Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

K.Manikandan Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether a writ of mandamus can issue directing the respondents to consider and pass orders on the petitioner's application dated 28.11.2024 for grant of permission/certificate of vending for his tea stall at Door No.18, Rajalakshmi Nagar, 7th Cross Street, Velacherry, Chennai, and till such time not to interfere with its running.

Court's answer

The place for which vending permission was sought is State Highways land; as per the norms, such street-vending permission cannot be granted by the local authorities; therefore the plea raised in the writ petition cannot be granted and the writ petition is dismissed.

Key takeaways

While dismissing the petition, the Court left it open to the petitioner to identify any vending zone area and make an application in the prescribed format to the respondent Corporation/Town Vending Committee, in which case the same can be considered by the Corporation in accordance with law and decided on merits at the earliest.obiter¶31

Detailed headnote1 paragraphs

Writ petition under Article 226 seeking a mandamus to the Corporation of Chennai and the Chairperson/Zonal Executive Engineer, Zonal Executive Engineer (Zone No.13) (Township Vending Committee), Adyar, to consider and pass orders on the petitioner's application dated 28.11.2024 for grant of permission/certificate of vending for his tea stall at Door No.18, Rajalakshmi Nagar, 7th Cross Street, near Raymond showroom/Excellent Hospital, Velacherry, Chennai, and not to interfere with its running meanwhile. Held (order by R. Suresh Kumar, J.): the place for which permission was sought is State Highways land, and as per the norms such street-vending permission cannot be granted by the local authorities; the plea cannot be granted and the writ petition is dismissed. However, it is open to the petitioner to identify any vending zone area and apply in the prescribed format to the respondent Corporation/Town Vending Committee, to be considered in accordance with law and decided on merits at the earliest. No costs.

W.P.No.1768 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.No.1768 of 2025

K.Manikandan

... Petitioner

-Vs-

The Commissioner, Corporation of Chennai, Ripon Buildings,

Chennai – 600 003.

The Chairperson / Zonal Executive Engineer, Zonal Executive Engineer (Zone No.13), (The Township Vending Committee), Corporation of Chennai,

Adyar,

Chennai – 600 020.

... Respondents

PRAYER : 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 application dated 28.11.2024 made for grant of permission / certificate of vending and till such time not to interfere with the running of the petitioner's tea stall at Door No.18, Rajalakshmi Nagar, 7^th Cross Street, front side of Raymond showroom, near Excellent Hospital, 100 feet road corner, Velacherry, Chennai 600042.

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For Petitioners Mr.L.Chandrakumar : for Mr.R.Kamaraj For Respondents : Mr.D.B.R.Prabhu Standing Counsel

W.P.No.1768 of 2025

O R D E R

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

The prayer sought for herein is for a writ of mandamus, directing the respondents to consider and pass orders on the petitioner's application dated 28.11.2024 made for grant of permission / certificate of vending and till such time not to interfere with the running of the petitioner's tea stall at Door No.18, Rajalakshmi Nagar, 7^th Cross Street, front side of Raymond showroom, near Excellent Hospital, 100 feet road corner, Velacherry, Chennai 600042.

2.Petitioner sought for permission from the respondent Corporation and also certificate of vending to have the street vending business at Door No.18, Rajalakshmi Nagar, 7^th Cross Street, front side of Raymond showroom, near Excellent Hospital, 100 feet road corner, Velacherry, Chennai 600042.

3.Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents.

4.Admittedly, the place for which such a permission sought for by the

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W.P.No.1768 of 2025

petitioner is a State Highways land. Therefore, as per the norms, such a street

vending permission cannot be granted by the local authorities. Therefore, the plea raised in this writ petition cannot be granted, hence, the writ petition is liable to be dismissed and accordingly, it is dismissed. However, it is open to the petitioner to identity any vending zone area and to make an application in the prescribed format to the respondent Corporation/Town Vending Committee and in that case, the same can be considered by the respondent Corporation in

accordance with law and decide the same on merits at the earliest. No costs.

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

(R.S.K., J.) (A.D.J.C., J.) 10.09.2025 (1/3)

The Commissioner,

Corporation of Chennai, Ripon Buildings, Chennai – 600 003.

The Chairperson / Zonal Executive Engineer, Zonal Executive Engineer (Zone No.13), (The Township Vending Committee), Corporation of Chennai, Adyar, Chennai – 600 020.

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W.P.No.1768 of 2025

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

sli

W.P.No.1768 of 2025

10.09.2025 (1/3)

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