Dismissed¶39

S.Latha v. the Commissioner

Constitution of India, Article 226 – Writ of Mandamus – Street vending

Madras HC10 Sept 2025WP/33180/2025

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Case brief

AI extract

What is this about?

Street vending; mobile push cart; tea/coffee/snacks vendor; certificate of vending; vending zone vs non-vending zone; Township/Town Vending Committee; Zonal Executive Engineer Zones IX & X; Corporation of Chennai; Writ of Mandamus; Article 226; interference restrained pending licence application; applications rejected if made in non-vending zone; liberty to apply afresh in vending zone; Madras High Court WP Nos. 33180 & 33182 of 2025; dismissed with no order as to costs.

What did the court decide?

No substantive relief; both writ petitions dismissed with liberty to the petitioners to make fresh applications in identified vending-zone areas, to be decided on merits by the respondent Corporation and the Town Vending Committee. ¶39

S.Latha 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 or their subordinate officials can be restrained (by mandamus) from interfering with the petitioners' running of mobile food vending shops/push carts at their present locations until their pending applications for grant of certificate of vending are decided. +1 more

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Court's answer

The writ petitions are liable to be dismissed and accordingly stand dismissed, with no order as to costs.

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Ratio / Principle

Both the locations having been declared non-vending zones, the petitioners' present plea to continue street vending there cannot be considered or granted by the Court.

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Key takeaways

It is open to the writ petitioners to identify any suitable location in a vending zone area under the Chennai Corporation limit and make fresh applications; such applications shall be considered and decided on merits and in accordance with law by the respondent Corporation and the Town Vending Committee at the earliest.ratio¶35

Detailed headnote1 paragraphs

Constitution of India, Article 226 – Writ of Mandamus – Street vending – Mobile push-cart food vendors sought restraint against Corporation of Chennai officials interfering with their vending at No.1, Pattulous Road, Anna Salai and Door No.33, C.T.Nayagam Complex, T.Nagar until their 16.07.2025 applications for certificate of vending were decided. Held: accepting the Corporation's stand that both locations are declared non-vending zones, the plea cannot be considered or granted; writ petitions dismissed, no costs. Liberty granted to identify suitable locations in vending-zone areas under Chennai Corporation limit and apply afresh; such applications to be considered and decided on merits and in accordance with law by the respondent Corporation and the Town Vending Committee at the earliest. Common order of the Division Bench (R. Suresh Kumar and A.D. Jagadish Chandira, JJ.), order authored by R. Suresh Kumar, J., dated 10-09-2025.

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1/7 WP No. 33180 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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WP Nos. 33180 & 33182 of 2025

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W.P.No.33180 of 2025 S.Latha W/o.Subramani

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Petitioner(s) Vs

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

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2.The Chairperson, Zonal Executive Engineer Zone IX (The Township Vending Committee) Corporation of Chennai, Nungambakkam, Chennai-600 034.

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Respondent(s) WP No. 33182 of 2025

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S.Thiruvasagam S/o.Sangaiah

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Petitioner(s) Vs 1. The Commissioner Corporation of Chennai, Ripon Buildings, Chennai-600 003. 2.The Chairperson, Zonal Executive Engineer Zone X (The Township Vending Committee) Corporation of Chennai, Chennai-600 017.

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Respondent(s)

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

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2/7 WP No. 33180 of 2025

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WP No. 33180 of 2025

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PRAYER: Writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents or their subordinate officials from interfering with the running of the petitioner's mobile food vending shop at No.1, Pattulous Road, Anna Salai, Chennai-600 002, wherein selling tea, coffee, cool drinks, snacks and other allied food items therein, till the petitioner's application dated 16.07.2025 for grant of certificate of vending is decided by the 2nd respondent.

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WP No. 33182 of 2025

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PRAYER: Writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents or their subordinate officials from interfering with the running of the petitioner's mobile bunk shop, off door No.33, C.T. Nayagam Complex, Venkatnarayana Road, Baghavantham Street Corner, T.Nagar, Chennai-600 017, wherein selling tea, coffee, cool drinks, snacks and other food items therein, till the petitioner's application for grant of certificate of vending is decided by the 2nd respondent.

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In both writ petitions

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For Petitioner(s): Mr.L. Chandrakumar For Respondent(s): Mr.D.B.R.Prabhu Standing Counsel COMMON ORDER

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(Order of the Court was made by R.Suresh Kumar J.)

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These writ petitions have been filed seeking for a Writ of Mandamus

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forbearing the respondents from interfering with the running of the petitioners' mobile food vending shop, one at No.1, Pattulous Road, Anna Salai,

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

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3/7 WP No. 33180 of 2025

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Chennai-600002 and another one at Door No.33, C.T.Nayagam Complex,

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Venkatnarayana Road, Baghavantham Street Corner, T.Nagar, Chennai-600 017.

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2.It is the case of the writ petitioners that they are running mobile Push Carts in the respective locations and in order to get the street vendor license or permission from the respondent Corporation, both the petitioners made a request on 16.07.2025 to the Chairperson, Zonal Executive Engineer, Zone X (The Township Vending Committee) of the respective area concerned of the Chennai Corporation. Till such application is decided on merits, their continuous running of the street vending business by having Push Carts in the respective locality shall not be disturbed, is their prayer.

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3.In support of his contentions, the learned counsel for the petitioner made submissions stating that the two locations since have been identified as vending zone, the petitioners are entitled to seek consideration of their applications by the respondent Corporation and to pass orders and till such time, their business shall not be disturbed, he contended. However, the learned standing counsel in both writ petitions submitted that both locations are declared to be non vending zone and therefore, the question of permitting them even by way of Push Carts for running Street Vending business does not arise.

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

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4/7 WP No. 33180 of 2025

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4.In this context, if at all they made any applications as claimed by them on 16.07.2025 to seek such permission from the Corporation or its Vending Committee in the respective location that cannot be considered as the same would be rejected outrightly. But at the same time, if the petitioners come forward to make fresh applications in an identified vending zone in the nearby locality, in that case, such applications would be considered by the Town Vending Committee and necessary orders would be passed by the respondent Corporation on merits, he contended.

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5.In view of the said submissions made by the learned counsel for the parties, especially, the stand taken by the learned standing counsel for the respondent Corporation as both the locations having been declared to be non vending zone, the present plea raised by the petitioners cannot be considered and granted by this Court. Therefore, the writ petitions are liable to be dismissed. However, it is open to the writ petitioners to identify any suitable location in vending zone area under the Chennai Corporation limit and to make applications to that effect to the Corporation/Vending Committee and in such case, the applications to be submitted by the petitioners shall be considered and decided on merits and in accordance with law by the respondent Corporation and the Town Vending Committee at the earliest.

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

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5/7

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WP No. 33180 of 2025

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6.With these observations, the writ petitions stand dismissed. However, there shall be no order as to costs.

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

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10-09-2025