Disposed¶66

S.Hakeem v. the Commissioner

Madras HC29 Oct 2025WP/29849/2023

Case brief

AI extract

What is this about?

street vendor; Town Vending Committee; Street Vending Committee; Udhagamandalam Municipality; Nilgiris District; Botanical Garden; Charring Cross; Otlay Road; certificate of vending valid till June 2026; vending zone; threatened removal/eviction; writ of mandamus; Article 226; Street Vendors (Protection and Livelihood Regulation) Act, 2014; disposal on recorded developments; no costs; connected miscellaneous petitions closed.

What did the court decide?

All three writ petitions disposed of by recording the Town/Street Vending Committee's proceedings dated 09.10.2025 and the certificates of vending issued to the petitioners (valid till June 2026) with vending places earmarked in the same locality; no order as to costs; connected W.M.P.Nos.29461, 29470 & 29471 of 2023 closed. ¶66

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

What the court decided

AI extract

Outcome

¶66

Issue for consideration

Whether the respondent Municipality could be restrained, by writ of mandamus under Article 226, from interfering with the petitioners' street vending near Botanical Garden out Gate, Charring Cross, Udhagamandalam (and opposite DSR Store, Otlay Road in W.P.No.29862 of 2023) till the decision taken by the Vending Committee under the Street Vendors (Protection and Livelihood Regulation) Act, 2014.

¶16

Court's answer

In view of the development whereby the Town Vending Committee considered and recognized the petitioners' street vending business, certificates of vending were given to each petitioner valid till June 2026, and places were earmarked in the same locality near the Botanical Garden for continuous vending without hindrance, there could be no further grievance on the part of the petitioners.

¶58

Ratio / Principle

Recording these developments including the certificates of vending issued to the petitioners, the Court disposed of the writ petitions, with no order as to costs, and closed the connected miscellaneous petitions.

¶65

Detailed headnote1 paragraphs

Madras High Court (Coram: R. Suresh Kumar and A.D. Jagadish Chandira, JJ.; order by R. Suresh Kumar, J.), common order dated 29.10.2025 in W.P.Nos.29849, 29860 & 29862 of 2023 — Three street vendors (toys, food/snacks and fruits) near Botanical Garden out Gate, Charring Cross, Udhagamandalam and opposite DSR Store, Otlay Road sought mandamus under Article 226 forbearing the Udhagamandalam Municipality from interfering with their vending till the Vending Committee decided under the Street Vendors (Protection and Livelihood Regulation) Act, 2014. During pendency, the Street/Town Vending Committee, by proceedings dated 09.10.2025, took decisions to regularize vendors, identify vending-zone spaces and permit continued vending, and the Municipality issued certificates of vending to all three petitioners valid till June 2026, earmarking places in the same locality near the Botanical Garden. This position, stated by the learned Standing Counsel, was not controverted by counsel for the petitioners. Holding there could be no further grievance, the Court recorded the developments and disposed of the writ petitions with no order as to costs, closing the connected W.M.Ps.

¶1

W.P.Nos.29849, 29860 & 29862 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 29.10.2025

¶4

CORAM

¶5

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

¶6

W.P.Nos.29849, 29860 & 29862 of 2023 and

¶7

W.M.P.Nos.29461, 29470 & 29471 of 2023

¶8

W.P.No.29849 of 2023:
S.Hakeem		... Petitioner
	-Vs-
The Commissioner,
Udhagamandalam Municipality,
Nilgiris District.		... Respondent
W.P.No.29860 of 2023:
P.Selvi		... Petitioner
	-Vs-
The Commissioner,
Udhagamandalam Municipality,
Nilgiris District.		... Respondent
W.P.No.29862 of 2023:
S.Raja Mohamed	-Vs-	... Petitioner

¶9

1/8

¶10

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

¶11

W.P.Nos.29849, 29860 & 29862 of 2023

¶12

1. The Commissioner, Udhagamandalam Municipality, Nilgiris District.

¶13

S.Selvaraj

¶14

... Respondents

¶15

(R2 impleaded as per order dated 06.09.2024 in W.M.P.No.31276 of 2023 in W.P.No.29862 of 2023)

¶16

PRAYER in W.P.No.29849 of 2023 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, forbearing the respondent from interfering with the street vending (selling of toys item) by the petitioner near Botanical Garden out Gate, Charring Cross, Udhagamandalam till the decision taken by the Vending Committee as per the provisions of the Street Vendors (Protection and Livelihood Regulation) Act, 2014.

¶17

PRAYER in W.P.No.29860 of 2023 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, forbearing the respondent from interfering with the street vending (selling of food, healthy snacks item) by the petitioner near Botanical Garden out Gate, Charring Cross, Udhagamandalam till the decision taken by the Vending Committee as per the provisions of the Street Vendors (Protection and Livelihood Regulation) Act, 2014.

¶18

PRAYER in W.P.No.29862 of 2023 : Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, forbearing the respondents from interfering with the street vending (selling of fruits item) by the petitioner opposite DSR Store, Otlay Road, Udhagamandalam till the decision taken by the Vending Committee as per the provisions of the Street Vendors (Protection and Livelihood Regulation) Act, 2014.

¶19

2/8

¶20

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

¶21

W.P.Nos.29849, 29860 & 29862 of 2023

¶22

For Petitioners in all W.Ps : Mr.S.Sivakumar

¶23

For Respondent in WP.29849 & 29860 of 2023 & : Mr.P.Srinivas For 1^st Respondent in Standing Counsel WP.29862 of 2023 For 2^nd Respondent in W.P.No.29862 of 2023 : Mr.S.Dinuprasanth Mr.R.Kaaveesh for R2

¶24

C O M M O N O R D E R

¶25

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

¶26

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

¶27

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

¶28

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

¶29

Each of the writ petitioners claimed to be the street vendors during the

¶30

street vending business near Botanical Garden at Nilgiris, i.e., Udhagamandalam for the past some time. It is their grievance that, however the respondent Municipality under the guise of the decision said to have been taken by the Street Vending Committee were trying to remove them or evict them

¶31

during the street vending business in the place where they have been continuously running the street vending business for some time.

¶32

3/8

¶33

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

¶34

W.P.Nos.29849, 29860 & 29862 of 2023

¶35

3. Only on this grievance since these writ petitions have been filed seeking for mandamus as prayed therein, we have issued notice already to the respondent Municipality, where originally Street Vending Committee was not formulated, subsequently, after having formulated the Street Vending Committee, they held a meeting and ultimately, in their proceedings dated 09.10.2025, some decisions were taken by the Street Vending Committee which

¶36

reads thus:

¶37

"nkw ; go egh ; fs ; efu tpw ; gid FG Tl ; lj ; jpy ; gpd ; tUkhW fUj ; Jf ; fs ; bjhptpj ; jdh ; /

¶38

1/ Vending Zone gFjpapy ; Mf ; fpukpg ; g [ fs ; mfwwg ; ; gl ; L rhiynahu tpahghhpfSf ; fhd milahs ml ; il itj ; jpUg ; gth ; fSf ; F kl ; Lk ; fil itf ; f mDkjpf ; fg ; gLk ; vd Kot [ bra ; ag ; gl ; lJ/

¶39

2/ rhiynahu tpahghhpfSf ; F tpahghuk ; bra ; a [ k ; bghUl ; fis ghJfhg ; ghd Kiwapy ; itg ; gjw ; F xU miw kw ; Wk ; ,ju trjpfs ; bra ; a eltof ; if vLf ; fg ; gLk ; /

¶40

3/ rhiynahu tpahghhpfs ; nghf ; Ftuj ; jpw ; Fk ; bghJkf ; fSf ; Fk ,ila{W Vw ; gLj ; jhky ; fl ; likg ; g [ fs ; VJk ; Vw ; gLj ; jhky ; tpahghuk ; bra ; Jtpl ; L ,ut [ bry ; y ntz ; Lk ; / mj ; Jld ;

¶41

4/8

¶42

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

¶43

; ; ; ; ; ;
; ;

¶44

W.P.Nos.29849, 29860 & 29862 of 2023

¶45

mt ; tplj ; ij Rj ; jkhf itj ; Jf ; bfhss ; ntz ; Lk ; /

¶46

4/ rhiynahu tpahghhpfs ; jpdrhp nrfhukhFk ; Fg ; igfis juk ; gphpj ; J efuhl ; rp Jha ; ik gzpahshplk ; bfhLf ; f ntz ; Lk ; /

¶47

5/ muR jhtutpay ; g{' ; fh bry ; Yk ; rhiyapy rhiynahu tpahghhpfSf ; fhf fl ; lg ; gl ; Ls ; s filfis rhiynahu tpahghhpfs ; gad ; gLj ; jhky ; mjid btsp egh ; fSf ; F cs ; thliff ; F tpl ; lJ cWjpg ; gLj ; jg ; gl ; lhy ; mth ; fSf ; F tH' ; fg ; gl ; l mDkjp ,uj ; J bra ; ag ; gLk ; /

¶48

6/ rhiynahu tpahghhpfs ; efuhl ; rpf ; F cl ; gl ; l Vending Zone gFjpapy ; kl ; Lk ; tpahghuk ; bra ; a mDkjpf ; fg ; gLthh ; fs ; / ntW ,lj ; jpy ; filfs mDkjpf ; ff TlhJ vd ; Wk ; . nghf ; Ftuj ; jpw ; F ,ila{whf epWj ; jp itf ; fg ; gl ; Ls ; s tz ; ofis efuhl ; rp K : yk ; mg ; g [ wg ; gLj ; jg ; gLk ; /

¶49

7/ btspa{h ; fspy ,Ue ; J te ; J rhiynahu' ; fspy tpahghuk bra ; a [ k ; tpahghhpfis jLf ; f chpa eltof ; if vLf ; fg ; gLk ; /

¶50

8/ tHf ; F vz ; W.P.No.29849. 29860 kw ; Wk ; 29862 of 2023f ; fhd kDjhuh ; fs ; rhiynahuj ; jpy ; epue ; ju mikg ; g [ my ; yJ epiyepWj ; jk ; ,d ; wp

¶51

5/8

¶52

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

¶53

W.P.Nos.29849, 29860 & 29862 of 2023

¶54

; ; ; ; ; ; P
; ; ;

¶55

filfs ; itj ; Jf ; bfhs ; s chpa ,lk ; xJf ; f P L bra ; ag ; gLk ; /"

¶56

4. Relying upon this decision, Mr.P.Srinivas, learned Standing Counsel appearing for the respondent Municipality would further submit that, apart from the decision having been taken by the Street Vending Committee, the three writ petitioners have been given certificates of vending by the Municipality and the said certificates would be valid till June 2026 which means, till such time, these petitioners are permitted to have street vending in the allotted place, i.e., Vending Zone in the very same locality, i.e., near Botanical Garden in the Nilgiris Town.

¶57

5. This position is not controverted by Mr.S.Sivakumar, learned counsel appearing for the petitioners.

¶58

6. In view of the said development where the Town Vending Committee having considered the street vending business undertaken by these writ petitioners have recognized the street vending business and certificates of vending have been given to each of the petitioners and the place has also been earmarked for all those street vendors to have the street vending business

¶59

6/8

¶60

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

¶61

W.P.Nos.29849, 29860 & 29862 of 2023

¶62

continuously without any hindrance that too in the same locality which is

¶63

nearby Botanical Garden of Nilgiris Town, there could be no further grievance on the part of the petitioners.

¶64

7. Therefore, recording these developments including the certificates of

¶65

vending issued to these petitioners, this Court is inclined to dispose of these writ petitions and accordingly, these Writ Petitions are disposed of. However,

¶66

there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

¶67

(R.S.K., J.) (A.D.J.C., J.) 29.10.2025

¶68

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

¶69

vji

¶70

¶71

The Commissioner, Udhagamandalam Municipality, Nilgiris District.

¶72