Mariappan V v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)Nos.12929, 12931, 13128 & 13130 of 2026

1.W.P(MD)No.17456 of 2026: V.Mariappan ... Petitioner Vs

1.The Secretary, Government of Tamil Nadu, Municipal Administration and Urban Development (M) Department, Secretariat, Chennai.

2.The District Collector, Collectorate, Tirunelveli.

3.The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari calling for the records of impugned election notification issued by the third respondent in his proceedings in Na.Ka.No.H3/7434/2023 dated 08.06.2026 issued in Dinamalar Daily Newspaper (Tirunelveli Edition) dated 08.06.2026 and quash the same as illegal and against the provisions of Central Act 7 of 2014 and Tamil Nadu Rules under Act of the year 2015. For Petitioner : Mr.V.Meenakshi Sundaram For Respondents : Mr.M.Mahaboob Athiff (R1 & R2) counsel for State : Mr.R.Baskaran (R3) senior counsel for M/s.R.B.Law Associates

2.W.P(MD)No.17745 of 2026: Nambikumar ... Petitioner Vs The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli. ... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari Certiorari, call for the records pertaining to the impugned notification issued by the respondent in his proceedings Na.Ka.No.H3/7424/2023 dated 08.06.2026 published in a Tamil daily (Dinamalar) Tirunelveli edition and quash the same as illegal. For Petitioner : Mr.S.Yogeswaran For Respondents : Mr.M.Mahaboob Athiff (R1 & R2) counsel for State : Mr.A.Sivanupandian standing counsel COMMON ORDER The present Writ Petitions have been filed challenging the election process for the election of the representatives of street vendors to the Town Vending Committee under Section 11 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015 (hereinafter referred to as "the Rules, 2015").

2.The learned counsel appearing for the petitioners submitted that, under Rule 11 of the Rules, 2015, the respondents are empowered to nominate the members falling under Clauses (1), (2), (3), (5), (6) and (7) of the Town Vending Committee. However, in respect of Clause (4), namely, the representatives of the street vendors, the election has to be conducted strictly in accordance with the procedure contemplated under Rules 12 and 13 of the Rules, 2015. According to the petitioners, the mandatory procedure prescribed under the said Rules has not been followed. Aggrieved by the procedural irregularities in the election process, the present Writ Petitions have been filed.

3.The learned Senior Counsel appearing for the third respondent fairly submitted that the elections to the Town Vending Committees have been conducted peacefully throughout the State of Tamil Nadu, except in respect of the Tirunelveli Corporation, where certain disputes have arisen with regard to the identification of eligible street vendors entitled to participate in the election.

4.The learned Senior Counsel further fairly submitted that certain irregularities had occurred in the issuance of the election notification for the election of the representatives of the street vendors. In view of the same, the respondents have already taken a decision to defer the election until the process of identification of the eligible street vendors is completed and the final electoral roll is prepared. It is also submitted that the petitioners and all other aggrieved persons may be permitted to approach the Commissioner by submitting their objections with regard to the electoral roll. After finalising the list of eligible voters, the election shall be conducted strictly in accordance with Rules 12 and 13 of the Rules, 2015.

5.In view of the above submission, the respondents are directed to defer the election for electing the representatives of the street vendors under Rule 11 of the Rules, 2015, until the electoral roll is finalised. The petitioners as well as all other interested persons are at liberty to submit their objections, if any, with regard to the provisional list of eligible street vendors before the Commissioner within a period of four (4) weeks from the date of receipt of a copy of this order. On receipt of such objections, the Commissioner shall afford an opportunity of hearing to all stakeholders concerned, consider the objections on their own merits, finalise the list of eligible voters in accordance with law, and thereafter proceed with the election strictly in accordance with Rules 12 and 13 of the Rules, 2015, as expeditiously as possible, preferably within a period of six (6) weeks thereafter.

6.With the above directions, these Writ Petitions stand disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

02.07.2026 NCC : Yes / No Index : Yes / No ps To

1.The Secretary, Government of Tamil Nadu, Municipal Administration and Urban Development (M) Department, Secretariat, Chennai.

2.The District Collector, Collectorate, Tirunelveli.

3.The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli.

M.DHANDAPANI, J. ps

02.07.2026