S.Venkatesh Vs the Corporation Commissioner

PRAYER: Writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 21.12.2024 for the grant of issuance of Certificate of Vending as per the provision of the street vendors (Protection of Livelihood Regulation) Act 2014 for running of the petitioner's bunk shop running in the name P.K.Tea stall near the gate of the DLF premises, in Taramani, 100 feet road, within the limit of the 1st respondent (180th circle) Chennai.

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For Petitioner: Mr.N.Ranjith Kumar For Respondent: Mr.Rahul Adhitya for Ms.P.T.Ramadevi, Standing Counsel

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WP No. 33479 of 2025

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ORDER

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(Order of the Court was made by R.Suresh Kumar J.) This Writ Petition has been filed seeking for a Writ of Mandamus

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directing the 1st respondent to consider the petitioner's representation dated 21.12.2024 for the grant of issuance of Certificate of Vending as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 for running of the petitioner's bunk shop in the name of P.K.Tea stall near the gate of the DLF premises, in Taramani, 100 feet road, within the limits of the 1st respondent (180th circle) Chennai.

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

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3.Though it is claimed by the learned counsel for the petitioner that the petitioner has given a representation to the respondents on 21.12.2024 for issuance of the certificate of vending as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act, 2014 for running the petitioner's Bunk Shop in the name of P.K.Tea stall near the gate of the DLF premises, in Taramani, 100 feet road, within the limits of the 1st respondent (180th circle) Chennai, it is submitted by the learned standing counsel for the respondents that the place where such permission is sought for by the petitioner is situated on the road margin/platform of the State Highways. Therefore, it does not fall under

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the provisions of the Act, in view of the notification having been issued in this regard by way of the Greater Chennai Corporation norms for the street vendors and the list of declared vending zones and non vending zones. Relying upon the procedures for identifying the non vending zone, one of the clauses mentioned therein was that the Street Vendors Act does not apply for the land and areas belonging to the National and State Government Highways. Relying upon this, the learned standing counsel for the respondents would submit that the land since belonging to the State Highways, the Act itself would not have application and therefore, the plea raised by the petitioner cannot be considered by the respondents.

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4.In that view of the matter, the prayer sought for in the writ petition cannot be granted. Therefore, we are not inclined to accept the present writ petition as the same is liable to be dismissed. However, it is open to the petitioner to make a request after identifying a suitable place in any vending zone which comes under the purview of the Chennai Corporation and make an application to that effect to the Chennai Corporation/its Vending Committee, that too not to have any Bunk Shop, but only as a Street Vending shop or Push Carts and if such an application is filed, the same can be considered by the respondents on merits and in accordance with law at the earliest. However, the petitioner, under the guise of this order, cannot further continue his Bunk Shop

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in the Highways road margin or platform as has been claimed by the petitioner in this writ petition.

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5.With these observations and directions, the writ petition stands

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dismissed. No costs. Consequently, connected miscellaneous petition is also closed.

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