Dismissed¶36

Mrs.R.Vijayakumari v. the Commissioner

Madras HC10 Sept 2025WP/1769/2025

Case brief

AI extract

What is this about?

Street vending; certificate of vending; permission to vend; Town Vending Committee (Zone IX); Non-vending Zone; Vending Zone; Corporation of Chennai; writ of mandamus; Article 226 Constitution of India; bunk shop (tea, coffee, snacks, food) Uthamer Gandhi Road Nungambakkam; pushcart (waste papers, stitching/tailoring) Arulambal Street T. Nagar; applications dated 28.11.2024; mandamus refused; dismissal with liberty to reapply in a Vending Zone; no order as to costs; common order in W.P.Nos.1769 & 1770 of 2025 dated 10.09.2025.

What did the court decide?

No relief on the prayers sought; liberty given to the petitioners to apply afresh after identifying a suitable place under any Vending Zone of the Chennai Corporation, such application to be considered and decided on its own merits and in accordance with law at the earliest. ¶36

Mrs.R.Vijayakumari Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents ought to be directed by writ of mandamus to consider and pass orders on the petitioners' applications dated 28.11.2024 for grant of permission / certificate of vending, and not to interfere with the running of their shops till such decision. +1 more

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Court's answer

It is open to the petitioners to make a fresh application after identifying a suitable place under any Vending Zone of the Chennai Corporation; if such an application is filed, it shall be considered and decided on its own merits and in accordance with law at the earliest.

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Ratio / Principle

Since both locations for which vending permission / street vending certification was sought come under the Non-vending Zone category, such permission cannot be granted to the petitioners; to that extent the prayers in the respective writ petitions are liable to be rejected, and they are rejected.

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Key takeaways

Both writ petitions are dismissed, with no order as to costs.ratio¶36

Detailed headnote1 paragraphs

Madras High Court, Division Bench (order by R. Suresh Kumar, J.; coram R. Suresh Kumar and A.D. Jagadish Chandira, JJ.), common order dated 10.09.2025 in W.P.Nos.1769 & 1770 of 2025: Two vendors — one running a bunk shop selling tea, coffee, snacks and food items near Uthamer Gandhi Road, Nungambakkam, and another running a pushcart dealing in waste papers and tailoring at Arulambal Street, T. Nagar — sought a writ of mandamus under Article 226 directing the Commissioner, Corporation of Chennai and the Chairperson/Zonal Engineer, Town Vending Committee (Zone IX) to decide their applications dated 28.11.2024 for permission / certificate of vending, and not to interfere meanwhile. Held: both identified locations fall within the Non-vending Zone category, hence permission cannot be granted and the prayers are rejected; writ petitions dismissed without costs; liberty reserved to identify a suitable place under any Vending Zone of the Chennai Corporation and apply afresh, such application to be considered on its own merits and in accordance with law at the earliest.

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W.P.Nos.1769 & 1770 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.09.2025

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CORAM

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

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W.P.Nos.1769 & 1770 of 2025

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R.Vijayakumar ... Petitioner in W.P.No.1769 of 2025 P.Amulraj ... Petitioner in W.P.No.1770 of 2025

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-Vs-

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

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The Chairperson / Zonal Engineer, Town Vending Committee (Zone IX), Corporation of Chennai, Nungambakkam,

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Chennai – 600 034.

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... Respondents in both W.Ps

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PRAYER in W.P.No.1769 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 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 bunk shop near Door No.21, VGN Compound Wall, opposite to Own Craft Building, Uthamer Gandhi Road, Nungambakkam, Chennai – 600 034, wherein selling tea, coffee, snacks and food items therein.

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.1769 & 1770 of 2025

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PRAYER in W.P.No.1770 of 2025 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the second respondent 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 pushcart bunk shop at Door No.12, (Old Door No.20), (Opposite) Arulambal Street, T.Nagar, Chennai – 600 017, wherein selling waste papers and other allied items therein and stitching of cloths by sewing machine.

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

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C O M M O N O R D E R

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

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

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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.

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2 . In W.P.No.1769 of 2025, the prayer sought for herein is for a writ of

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mandamus directing the respondents to consider and pass orders on the petitioner's application dated 28.11.2024 made for grant of permission /

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.1769 & 1770 of 2025

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certificate of vending and till such time, not to interfere with the running of the petitioner's bunk shop situated at Door No.21, VGN Compound Wall, opposite to Own Craft Building, Uthamer Gandhi Road, Nungambakkam, Chennai – 600 034, wherein selling tea, coffee, snacks and food items therein.

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3. In W.P.No.1770 of 2025, the prayer sought for herein is for a writ of mandamus directing the second respondent 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 pushcart bunk shop at Door No.12, (Old Door No.20), (Opposite) Arulambal Street, T.Nagar, Chennai – 600 017, wherein selling waste papers and other allied items therein and stitching of cloths by sewing machine are undertaken.

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In respect of both these locations where such a permission or street vending certification sought for by the respective petitioners are coming under the Non-vending Zone category, therefore, such permission cannot be granted to these petitioners. To that extent, the prayer sought for in the respective writ petitions are liable to be rejected, accordingly they are rejected.

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.1769 & 1770 of 2025

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However, it is open to the respective petitioners to make an application after identifying a suitable place under any Vending Zone of the Chennai Corporation to get such permission from the Corporation officials / Town Vending Committee and if such application is filed by the petitioners, the same shall be considered and decided on its own merits and in accordance with law at the earliest.

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