R.Vasantha Priya Vs The Commissioner

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 19.06.2025 and consequently directing the first respondent to remove the pedestrian shop (Bunk Shop) in front of the petitioner's shop at NSB Road, which was not classified as vending zone by the street vending committee.

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For Petitioner : Mr.S.Ramesh

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https://www.mhc.tn.gov.in/judis ____________ Page No. 1 of 6_

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W.P.(MD) No.22461 of 2025

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For R1 & R2 : Mr.R.Baskaran, Senior Counsel for M/s.R.B.Law Associates, For R3 : Mr.Vaikam Karunanidhi Government Advocate (Criminal Side)

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O R D E R

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This Writ Petition is being disposed of, at the time of admission, after hearing the learned counsel for the petitioner and the learned Senior Counsel for the first and second respondents and the learned Government Advocate (Criminal Side) for the third respondent.

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This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 19.06.2025 and to remove the pedestrian shop (bunk shop) located in front of the petitioner's shop on NSB Road, which has not been classified as a vending zone by the Street Vending Committee.

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The learned counsel for the petitioner would submit that two street vendors have put up bunk shops in front of the petitioner's textile shop, namely 'Sri Ganesan Stores and Readymades', contrary to the

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W.P.(MD) No.22461 of 2025

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provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Rules made thereunder.

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The learned Senior Counsel for the first and second respondents would submit that the election to the Town Vending Committee was held on 30.05.2025 under Section 22 of the said Act. It is further submitted that till date, no area has been identified as a Town Vending Zone and therefore, the question of removing the persons against whom the petitioner has made complaints does not arise.

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The learned Senior Counsel for the first and second respondents would further submit that this Writ Petition is premature and is liable to be dismissed. It is further submitted that tokens have been issued to the street vendors who participated in the election held on 30.05.2025.

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Having considered the arguments advanced by the learned counsel for the petitioner, the learned Senior Counsel for the first and second respondents and the learned Government Advocate (Criminal Side) for the third respondent, I am of the view that this Writ Petition can be disposed of by directing the first respondent Commissioner and the

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W.P.(MD) No.22461 of 2025

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President of the Street Vending Committee to consider the petitioner's representation dated 19.06.2025, as and when the Town Vending Zones are identified.

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In case it is found that the places in front of the petitioner's textile shop do not fall within the Town Vending Zone, the first respondent Commissioner shall take suitable steps to evict the street vendors who are occupying and carrying on business in front of the petitioner's textile shop, within a period of 45 days from the date of identification of the Town Vending Zone. Needless to state, before taking any coercive action, appropriate notice shall be issued to the persons likely to be affected by such action.

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