P.Raja v. Director of Municipal Administration,

ORDER (Order of the Court was made by R.SURESH KUMAR, J.) Prayer sought in the present writ petition is for a writ of mandamus, to direct respondents 1 to 4 to evict the illegal occupants/encroachers/street hawkers forthwith from the pavements occupied on Lawrence Road, Thirupapuliyur, Cuddalore, which obstruct the use by the public and affect the business and livelihood of licensed shop owners of the petitioners' commercial buildings.

¶2Heard Mr.T.Balaji, learned counsel for the petitioners, Mr.A.Selvendran, learned Special Government Pleader for respondents 1 and 2 and Mr.P.Srinivas, learned Standing Counsel for respondents 3 and 4 Municipal Corporation.

¶3During the last hearing, it was stated by the learned Standing Counsel appearing for the respondents 3 and 4 that, the Town Vending Committee's meeting would be conducted on 20.01.2026, where, a decision would be taken as to whether the particular road, called the Lawrence Road, at Cuddalore Municipality would be a Vending Zone or a Non-Vending Zone and depending upon the decision to be taken by the Town Vending Committee, further course of action would be taken and it would be intimated before this Court.

¶4Accordingly, when the case is taken up for hearing today, Mr.P.Srinivas, learned Standing Counsel appearing for respondents 3 and 4 has filed a copy of the Minutes of the Town Vending Committee's meeting dated 20.01.2026, where, inter alia, the following has been stated:- W.P.No.39830,of,2025 "7/ mjd;go. yhud;!;rhiyapy ; cs;s rhiynahu tpahghhpfSf;F khw;W ,lkhf fk;kpak;ngl;il iggh!;rhiyapy; cs;s ,lj;ij tpw;gid bra;tjw;nfw;g rPuikj;Jj;jug;gLtJ Fwpj;J ghprPypf;fg;gLk; vd;w tptuk; Mizahuhy; bjhptpf;fg;gl;lJ/ / / / tpw;gid jil bra;ag;gLk; gFjpfs; (No-Vending,Zones): I. bey;ypf;Fg;gk ; bkapd ; nuhL (rhiy repjpg;gpypUe;J 50kP/ tiuapYk ; muR kUj;JtkidapypUe;J 200kP/ tiuapYk;) II. yhud;!; rhiy III. Fz;Lrhiy nuhL (rhiy repjpg;gpypUe;J 50kP/ tiuapYk ; khtl;l Ml;rpah;mYtyfj;jpypUe;J 200kP/ tiuapYk;) IV. bts;sp flw;fiu rhiy (rhiy repjpg;gpypUe;J 50kP/ tiuapYk; jPaizg;g[mYtyfj;jpypUe;J 200kP/ tiuapYk;) V. bts;sp flw;fiu rhiy (kzy; gFjp ? Beach,Area) Page,4,of,10 VI. jpUg;ghjphpg;g[ypa{h; gjpt[j;Jiw mYtyfk; Kd; VII. khefuhl;rp mYtyfk; Kd; VIII. giHa Ml;rpah ; mYtyfr;rhiy (ikjhdk; gf;fk;)""

¶5Relying upon the Minutes of the Town Vending Committee's meeting, the learned Standing Counsel for the Municipality would contend that, in that meeting, the number of Vending Zones and the number of Non-Vending Zones at Cuddalore, having been identified, has been declared. Insofar as the Non-Vending Zones are concerned, eight such areas have been identified to be declared to be Non-Vending Zones. Among the eight Non-Vending Zones, the stretch of Lawrence Road also has been declared to be a Non-Vending Zone, hence, whatever the Street Vending business or hawkers business, that could only be considered as encroachments in the Lawrence Road and by providing an alternative place for those Street Vendors, either at Kammiyampettai By-Pass Road or at any other suitable place, those Street Vendors presently located at the entire stretch of the Lawrence Road would be removed within a time frame to be stipulated by this Court.

¶6Having regard to the said submissions made by the learned Standing Counsel appearing for the respondent Municipality and after having gone through the Minutes of the meeting of the Town Vending Committee dated 20.01.2026, where the said Lawrence Road also having been declared to be a Non-Vending Zone, no hawking activities could be permitted anywhere in the said Road. Therefore, suitable action has to be taken by the respondent Municipality to remove such hawkers fully and it is open to the Municipality to identify any alternative place for those hawkers by removing them from the Lawrence Road, for their rehabilitation by providing any other alternate vending area.

¶7It is to be noted that the Lawrence Road is one of the main arterial roads, having direct access with the Cuddalore Bus Stand and large number of buses since are being plied, it would be very difficult to have negotiation with large number of businesses in the same road when the road margins are occupied by the hawkers on both side.

¶8Since it is being one of the busy localities, where, more commercial establishments on permanent basis are made, allowing any hawking activities, either on the platform or on the road margin, would be a hindrance to the pedestrians as well as to the vehicular movement. Therefore, immediate action shall be taken by the Municipal Authorities to remove all such hawkers located on the Lawrence Road in the Cuddalore Municipality. The aforesaid exercise shall be complied and a report be filed before this Court by the Cuddalore Municipality within a period of one month from the date of receipt of a copy of this order.

¶9Accordingly, this petition is disposed of. There shall be no order as to costs. W.M.P.No.44746 of 2025, petition filed seeking permission to file a single writ petition, stands ordered, inasmuch as the petitioners have paid separate set of court fees.

¶10Post the present writ petition on 05.03.2026 for reporting compliance. (R.S.K., J.) (A.D.J.C., J)

04.02.2026 Speaking Order/Non-Speaking Order Internet:Yes/No Index:Yes/No

(drm) Note: Issue order copy on 02.03.2026. To:

¶1Director of Municipal Administration Commissionerate of Municipal Administration No.75, Urban Administrative Building Santhome High Road, MRC Nagar Raja Annamalaipuram, Chennai – 600 028.

¶2The District Collector Cuddalore District First Floor, New Collectorate Building Manjakuppam, Cuddalore – 607 001.

¶3The Commissioner Cuddalore City Municipal Corporation Bharathi Road, Sorakalpattu Cuddalore – 607 001.

¶4The Zonal Assistant Engineer Zone – I, Cuddalore City Municipal Corporation Cuddalore District – 607 001.

R. SURESH KUMAR, J. AND

A.D.JAGADISH CHANDIRA, J.

(drm)

04.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.02.2026 CORAM : THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1. P.Raja 2. R.Latha 3. R.Perumal Raja 4. R.Ganesh @ Rajarajan 5. R.Kalpana 6. R.Sekar .. Petitioners Vs. 1. Director of Municipal Administration Commissionerate of Municipal Administration No.75, Urban Administrative Building Santhome High Road, MRC Nagar Raja Annamalaipuram, Chennai – 600 028. 2. The District Collector Cuddalore District First Floor, New Collectorate Building Manjakuppam, Cuddalore – 607 001. 3. The Commissioner Cuddalore City Municipal Corporation Bharathi Road, Sorakalpattu Cuddalore – 607 001. 4. The Zonal Assistant Engineer Zone – I, Cuddalore City Municipal Corporation Cuddalore District – 607 001. .. Respondents Prayer: Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing respondents to to evict the illegal occupants/encroachers/street hawkers forthwith from the pavements occupied on Lawrence Road, Thirupapuliyur, Cuddalore which obstruct the use by the public and affect the business and livelihood of licensed shop owners of the petitioners commercial buildings. For Petitioner : Mr.T.Balaji For Respondents : Mr.A.Selvendran Special Government Pleader for R1 and R2 Mr.P.Srinivas Standing Counsel for R3 and R4