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N.Vijayabharathi v. the Commissioner

Madras HC19 Mar 2025WP/8525/2025

Case brief

AI extract

What is this about?

Madras High Court, W.P.No.8525 of 2025, decided 19.03.2025, Division Bench (R. Suresh Kumar, J. author; A.D. Jagadish Chandira, J.). Keywords: street vendor; Street Vendors (Protection of Livelihood Regulation) Act; Town Vending Committee; Vending Committee identity card; alternative vending site; non-interference/interim protection; eviction; Corporation of Cuddalore; AVR Fast Food; mandamus under Article 226; disposed with directions, no costs.

What did the court decide?

Writ petition disposed of with directions: (i) Corporation to consider grant of an alternative site to the petitioner after necessary recommendation from the Town Vending Committee; (ii) till then, the petitioner's existing street vending shall not be disturbed. No costs. ¶32

N.Vijayabharathi 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 respondent Corporation or its officials can interfere with / evict the petitioner from running his registered street-vending food shop (AVR Fast Food) pending disposal of his application for an identity card from the Town/Vending Committee under the Street Vendors (Protection of Livelihood Regulation) Act, and whether an alternative site must be provided.

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Court's answer

The respondent municipal corporation shall consider the petitioner's request for grant of an alternative site for continuing his street vending business, after obtaining necessary recommendation from the Town Vending Committee, and pass orders accordingly.

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Ratio / Principle

Until such consideration/recommendation, the petitioner's present street vending shall not be disturbed.

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Detailed headnote1 paragraphs

Writ Petition (Art. 226) - Street vendor protection - Petitioner running food vending shop 'AVR Fast Food' at No.8, Sub-Jail Road, Manjakuppam, Cuddalore, claiming prior registration as a street vendor, sought mandamus restraining the Corporation of Cuddalore from interfering with his vending pending disposal of his identity-card application before the Vending Committee under the Street Vendors (Protection of Livelihood Regulation) Act. Corporation's stand: the location is a 'ground' where the shop cannot be permitted, but an alternative place may be suggested after declaration by the Town Vending Committee. Held, disposing of the petition: (i) Corporation to consider the request for grant of an alternative site upon necessary recommendation of the Town Vending Committee; (ii) till such time, the petitioner's existing street vending shall not be disturbed. No costs.

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W.P.No.8525 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.03.2025

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CORAM

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THE HONOURABLE Mr JUSTICE R. SURESH KUMAR

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AND

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THE HONOURABLE Mr.JUSTICE A.D. JAGADISH CHANDIRA

W.P.No.8525 of 2025

N.Vijayabharathi

.. Petitioner

Vs.

The Commissioner Corporation of Cuddalore Bharathi Salai Cuddalore 607 001 .. Respondent

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Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus forbearing the respondent, their officials, servants from in any manner interfering with the running of the petitioner's food vending shop viz ., AVR Fast Food at No.8, Sub-Jail Road, Manjakuppam, Cuddalore 607 001 and permit the petitioner to run his shop pending disposal of his application for issuance of identity card by the Vending Committee as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act.

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For Petitioner : Mr.D.Kumaralingam For Respondent : Mr.P.Srinivas Standing Counsel

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

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O R D E R

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(Made by R. SURESH KUMAR, J.)

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W.P.No.8525 of 2025

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The prayer sought for in this writ petition is for a writ of mandamus forbearing the respondent, their officials, servants from in any manner interfering with the running of the petitioner's food vending shop viz ., AVR Fast Food at No.8, Sub-Jail Road, Manjakuppam, Cuddalore 607 001 and permit the petitioner to run his shop pending disposal of his application for issuance of identity card by the Vending Committee as per the provisions of the Street Vendors (Protection of Livelihood Regulation) Act.

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It is the claim of the petitioner that he has been running a street vending viz ., AVR Fast Food at No.8, Sub-Jail Road, Manjakuppam, Cuddalore, which of his business though had already been registered as a street vending, the officials of the respondent municipal corporation are trying to evict him. Therefore, seeking a prohibitory order, he filed the present writ petition.

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Heard both sides and perused the materials placed before this Court.

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The learned counsel appearing for the respondent municipal corporation would submit that the place in which the petitioner claimed to have been running a

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

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W.P.No.8525 of 2025

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street vending business is a ground i.e., ikjhdk;. Therefore, in that place, he cannot be permitted any more to run the shop. But, at the same time, whether any alternative place can be suggested to him after getting a declaration to that effect from the Town Vending Committee, which has already been formed, that would be decided later.

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In view of the said stand taken by the learned counsel appearing for the

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respondent municipal corporation, we are inclined to dispose of this writ petition with the following directions :

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i. The respondent municipal corporation shall consider the request of the petitioner for the purpose of grant of any alternative site, in order to continue his street vending business and in this regard, after getting necessary recommendation from the Town Vending Committee, orders can be passed by the respondent municipal corporation.

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