Dismissed¶40

V.Malarvannan v. the Commissioner

Madras HC10 Sept 2025WP/5322/2025

Case brief

AI extract

What is this about?

Chennai street vending licence application rejected and upheld; Non-vending Zone; Township Vending Committee Zone 14 Perungudi; Consciousness Charitable Trust / Managing Trustee lacks locus standi; trust or trustee not a 'street vendor' per definition 2(l) Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; certiorarified mandamus under Article 226 dismissed; individual-capacity re-application permitted in a Vending Zone; no costs; Madras High Court, 10.09.2025.

What did the court decide?

If the place sought is a Non-vending Zone, on that ground itself the rejection made by the respondent Corporation is to be sustained; accordingly the impugned order dated 12.12.2024 is sustained and does not warrant interference. ¶33

V.Malarvannan Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the second respondent's proceedings M.A.No.14th Na.Ka.No.R1/1994/2024 dated 12.12.2024 rejecting the petitioner's street vending application (site being a Non-vending Zone) should be quashed and a licence directed to be issued. +1 more

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Court's answer

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Ratio / Principle

It is impermissible under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 for a Managing Trustee of a Charitable Trust to seek a licence/allotment/street vending certification; to that extent the petitioner, as Managing Trustee of the Charitable Trust, has no locus to seek such permission for street vending.

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Key takeaways

The petitioner does not fall under the category of 'street vendor' as per the definition at 2(l) of the Street Vendors Act, 2014; such permission therefore cannot be sought and the Writ Petition is liable to be dismissed.ratio¶40

Detailed headnote1 paragraphs

Madras High Court (R. Suresh Kumar & A.D. Jagadish Chandira, JJ.; order made by R. Suresh Kumar, J.), 10.09.2025 - W.P.No.5322 of 2025 DISMISSED. Consciousness Charitable Trust, through its Managing Trustee V. Malarvannan, sought a writ of certiorarified mandamus (Art. 226) to quash the Township Vending Committee's letter M.A.No.14th Na.Ka.No.R1/1994/2024 dated 12.12.2024 rejecting its application for a street vending licence for No.21, Rajalakshmi Avenue, 5th Cross Street, Perungudi, Chennai - 600 096, and to direct issue of a licence for its health nature organic shop. The Court sustained the rejection because the place sought is a declared Non-vending Zone. It further held that it is impermissible under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 for a Managing Trustee of a Charitable Trust to seek a licence/allotment/street vending certification, that the petitioner has no locus in that capacity, and that he does not fall within the definition of 'street vendor' at 2(l) of the Act. Writ dismissed; no order as to costs; connected miscellaneous petitions closed. The dismissal does not preclude the petitioner from applying in his individual capacity for street vending in any Vending Zone, which the Corporation may consider on merits in accordance with law.

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W.P.No.5322 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.No.5322 of 2025

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and

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W.M.P.Nos.5899, 5900, 18808 & 18810 of 2025

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V.Malarvannan, Managing Trustee, Consciousness Charitable Trust, No.21, Rajalakshmi Avenue, 5^th Cross Street, Perungudi, Chennai - 600 096.

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... Petitioner

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-Vs-

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The Commissioner, Chennai Metro City Corporation, Rippon Building, Chennai - 600 003.

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The Chairperson / Executive Engineer, Township Vending Committee, Zone 14, Part-41, Ward-182, School Street, Anna Highways Road, Kandhanchavadi, Perungudi,

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Chennai - 600 096.

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... Respondents

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PRAYER : Petition under Article 226 of the Constitution of India, praying for issuance of writ of certiorarified mandamus, to call for the records relating to the proceedings of the second respondent letter in M.A.No.14th Na.Ka.No.R1/1994/2024 dated 12.12.2024, to quash the same and to direct the

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

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W.P.No.5322 of 2025

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second respondent to issue a license to petitioner's trust health nature organic shop.

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For Petitioner : M/s.M.Yogaa For Respondents : Mr.Prithvi Chopda Standing Counsel

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O R D E R

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

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This writ petition has been filed seeking for a writ of certiorarified mandamus, to call for the records relating to the proceedings of the second respondent letter in M.A.No.14 th Na.Ka.No.R1/1994/2024 dated 12.12.2024

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and quash the same and direct the second respondent to issue a license to petitioner's trust health nature organic shop.

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2. That the petitioner being the Managing Trustee of the Trust called 'Consciousness Charitable Trust' having office at No.21, Rajalakshmi Avenue, 5^th Cross Street, Perungudi, Chennai - 600 096 has come up with the present writ petition with the aforesaid prayer.

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3. His plea is that, he wanted to have a street vending business, therefore,

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in order to get such permission or street vending certification from the respondent Corporation to have a street vending business at Door No.21,

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2/6

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

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W.P.No.5322 of 2025

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Rajalakshmi Avenue, 5 th Cross Street, Perungudi, Chennai - 600 096 made an application to the respondent Corporation which was considered and rejected through the order dated 12.12.2024 stating that, the place in which the petitioner sought for since has already been declared to be a Non-vending Zone, such plea raised by him cannot be considered, accordingly, it was rejected.

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4. As against the said order dated 12.12.2024, though this writ petition has been filed, after hearing M/s.M.Yogaa, learned counsel appearing for the petitioner as well as Mr.Prithivi Chopda, learned Standing Counsel appearing for the respondent Corporation, we are of the view that, if it is a Non-vending Zone, on that ground itself the rejection made by the respondent Corporation is to be sustained, accordingly, the impugned order is sustained, hence, it does not warrant any interference at our hands.

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5. Moreover, since the petitioner being a Managing Trustee of the Charitable Trust wants to have a licence / allotment / street vending certification to have street vending business, that is impermissible under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 as well as on the basis of the statement / object to bring such legislation to protect a street vendor and vending business, therefore,

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

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W.P.No.5322 of 2025

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to that extent also, the petitioner has no locus to seek, as a Managing Trustee of

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the Charitable Trust, for such permission to have a street vending.

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6. As the petitioner does not fall under the category of the street vendor as per the definition of 2l of the Act, such permission cannot be sought for, therefore, the Writ Petition is liable to be dismissed, accordingly it is dismissed.

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7. However, the dismissal of this writ petition would not preclude the petitioner in his individual capacity, if he wants to make an application to get such permission from the respondent Chennai Corporation to have a street vending business in any Vending Zone after identifying such suitable place, to make an application in his individual capacity and in that case, it is open to the respondent Corporation to consider the same and pass orders on merits and in accordance with law at the earliest. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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(R.S.K., J.) (A.D.J.C., J.) 10.09.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No

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vji

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4/6

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

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W.P.No.5322 of 2025

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The Commissioner, Chennai Metro City Corporation, Rippon Building, Chennai - 600 003.

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The Chairperson / Executive Engineer, Township Vending Committee, Zone 14, Part-41, Ward-182, School Street, Anna Highways Road, Kandhanchavadi, Perungudi, Chennai - 600 096.

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

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W.P.No.5322 of 2025

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R.SURESH KUMAR, J. and A.D.JAGADISH CHANDIRA, J.

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vji

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W.P.No.5322 of 2025 and W.M.P.Nos.5899, 5900, 18808 & 18810 of 2025