Disposed¶33

M.Loganathan v. the Commissioner

Madras HC10 Sept 2025WP/34005/2025

Case brief

AI extract

What is this about?

writ petition; mandamus; Article 226; street vending; certificate of vending; vending zone; non-vending zone; Town Vending Committee Zone V; Corporation of Chennai; Ethiraj Salai; Egmore; 100 meter radius educational institution; 115 meters vending zone; bunk shop; push cart; tea coffee snacks; application dated 20.05.2025; writ petition disposed; no costs

What did the court decide?

Writ petition disposed of with observations: the petitioner's application for certificate of vending is to be considered; if the identified location falls within the vending zone it may be considered and granted, otherwise the respondent Corporation may take a decision and communicate it to the petitioner; no costs. ¶33

M.Loganathan Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

¶33

Issue for consideration

Whether the respondents ought to be directed to consider and pass orders on the petitioner's application dated 20.05.2025 for grant of permission / certificate of vending. +1 more

¶19

Court's answer

There could be no impediment for considering the petitioner's request made through his representation or application.

¶31

Ratio / Principle

Within 100 meters from the educational institution, street vending business cannot be permitted and no such permission can be sought for.

¶28

Key takeaways

If the location identified by the petitioner comes within the vending zone, then alone the application can be considered and granted.ratio¶32
Otherwise, it is open to the respondent Corporation to take a decision and communicate the same to the petitioner.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (order of the Court made by R. Suresh Kumar J.) disposed of a writ petition under Article 226 filed by a vendor running a bunk shop / push cart selling tea, coffee, snacks and food items near Door No. 60 TNT Complex, Ethiraj Salai, Egmore, Chennai, seeking a Writ of Mandamus to direct the Commissioner, Corporation of Chennai and the Chairperson/Zonal Engineer, Town Vending Committee (Zone V) to consider his application dated 20.05.2025 for grant of permission / certificate of vending. The Court recorded the Corporation's stand that only a 115-metre stretch of Ethiraj Salai is earmarked and declared a vending zone, the remaining area being non-vending, and that no street vending is permitted within 100 metres of the educational institution (Ethiraj Women's College) located there. Holding that there could be no impediment to considering the petitioner's request, the Court observed that if the location identified by the petitioner comes within the vending zone, the application can be considered and granted; otherwise it is open to the Corporation to take a decision and communicate it. Writ petition disposed of accordingly; no costs.

¶1

WP No. 34005 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 10-09-2025

¶4

CORAM

¶5

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

¶6

WP No. 34005 of 2025

M.Loganathan

Petitioner(s)

The Commissioner Corporation of Chennai Ripon Buildings, Chennai 600003.

¶11

2.The Chairperson/ Zonal Engineer, Town Vending Committee (Zone V) , Corporation of Chennai, Basin Bridge Road, Chennai 600021.

¶12

Respondent(s)

¶13

PRAYER: Writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's application dated 20.5.2025 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. 60 TNT Complex next to KGN Tower, Ethiraj Salai, Egmore, Chennai 600008 wherein selling tea, coffee, snacks and food items therein.

¶14

For Petitioner(s): Mr.L. Chandrakumar

¶15

For Respondent(s): Mr.S.Gopinath Standing Counsel

¶16

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

¶17

WP No. 34005 of 2025

¶18

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

¶19

This writ petition has been filed seeking for a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's application dated 20.05.2025 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. 60 TNT Complex next to KGN Tower, Ethiraj Salai, Egmore, Chennai 600008, wherein selling tea, coffee, snacks and food items therein.

¶20

2.The petitioner claims that originally, he had run a Bunk Shop at Door No.500, Pantheon Road, Egmore, Chennai 600 008. Since the same was declared to be a non vending zone, he had shifted to Ethiraj Salai, Chennai – 8, where, he is having a Push Cart for selling tea, coffee and food items. In order to get permission for certificate of vending, the petitioner has made an application to the respondent Corporation on 20.05.2025 and in order to consider the same and pass orders, he has approached this Court seeking for a Mandamus.

¶21

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

¶22

4.The learned standing counsel for the respondents submits that as per the notification issued in this regard by the Chennai Corporation, only 115 meters at

¶23

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

¶24

WP No. 34005 of 2025

¶25

Ethiraj Salai has been specifically earmarked and declared to be a vending zone and the remaining area were declared to be non vending zone. Moreover, in Ethiraj Salai, the Ethiraj Women's College is located. Therefore, as per the notification issued in this regard, within 100m radius from the educational institution, no such street vending business would be permitted. When that being so, within 100 meters from the educational institution as well as beyond the area other than the 115 meters already declared to be a vending zone, the petitioner cannot have a street vending business for which no permission would be granted.

¶26

5. We have considered the said submissions made by the learned counsel

¶27

appearing for both sides and have perused the materials placed before this Court.

¶28

6.As stated by the learned standing counsel for the respondents, within 100 meters from the educational institution since the street vending business could not be permitted, no such permission can be sought for. However, it is the specific contention of the petitioner that in the very same Ethiraj Salai, since at least 115 meters having been declared as vending zone, within that 115 meters alone, the petitioner wanted to to have the Push Cart and to do business for which alone the application since has been made, the same may be directed to be considered.

¶29

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

¶30

WP No. 34005 of 2025

¶31

7.If that being so, we do feel that there could be no impediment for considering such a request made by the petitioner through his representation or application dated 20.12.2025 and if the location which has been identified by

¶32

the petitioner comes within the vending zone, then alone it can be considered and granted. Otherwise, it is open to the respondent Corporation to take a decision and communicate the same to the petitioner.

¶33

8.With these observations, the writ petition stands disposed of accordingly. No costs.

¶34

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

¶35

10-09-2025

¶36

sli Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To

¶37

1.The Commissioner Corporation of Chennai Ripon Buildings, Chennai 03.

¶38

2.The Chairperson/ Zonal Engineer Town Vending Committee (zone V) , Corporation Of Chennai, Basin Bridge Road Chennai 21.