Prabu v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) Nos.15304, 15305, 15307 & 15309 of 2026 W.P(MD)No.20659 of 2026 Prabu

... Petitioner(s) vs. ... Respondent(s) PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records in Na.Ka.No.817/2023 on the file of the respondent an quash the same as illegal and arbitrary and consequently direct the respondent not to disturb the peaceful business of the petitioner until the Town Vending Committee is formed. W.P(MD)No.20660 of 2026 Rajathi

... Petitioner(s) vs. ... Respondent(s) PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records in Na.Ka.No.817/2023 dated 15.07.2026 on the file of the respondent and to quash the same as illegal and arbitrary and consequently direct the respondent not to disturb the peaceful business of the petitioner until the Town Vending Committee is formed. For Petitioner : Mr.K.R.Kishore Ram M/s.R.B.Law Associates (in both WPs) For Respondent : Mr.M.Mahaboob Athiff, Counsel for State (in both WPs) COMMON ORDER These Writ Petitions have been filed challenging the impugned notice dated 15.07.2026 passed by the respondent/Municipality.

¶2The learned counsel appearing for the petitioners submitted that the petitioners are street vendors and have been issued valid Identity Cards by the respondent Municipality. The petitioners have been paying Rs.50/- as daily fee to the Municipality. While so, all of a sudden, the respondents threatened to evict the petitioners on the allegation that they had put up permanent (pucca) structures in front of the Municipal Hotel, which has been leased out to a private individual, by way of issuing the present impugned notice. Aggrieved by the same, the present writ petitions have been filed.

¶3The learned Special Government Pleader appearing for the respondents submitted that, although the petitioners are in possession of Identity Cards as street vendors, they have put up permanent structures in front of the hotel owned by the respondent Municipality and leased out to a private individual. It was further submitted that the said structures obstruct the ingress and egress of the public and cause inconvenience to the lessee as well as the general public.

¶4At this juncture, the learned counsel appearing for the petitioners, on instructions, submitted that the petitioners are willing to remove the permanent structures put up by them in front of Hotel Saravana Bhavan, which is owned by the respondent Municipality and is being run by its lessee. It is further submitted that the petitioners will convert the existing permanent structures into movable vending carts within a period of two days and that they will not raise any objection to maintaining the road margin or cause any obstruction to the free movement of the general public.

¶5Recording the above undertaking given by the learned counsel for the petitioners, these Writ Petitions are disposed of with a direction to the petitioners to convert the permanent structures into movable vending carts within a period of two days from the date of receipt of a copy of this order. The petitioners shall not encroach upon the road margin or cause any hindrance to the free movement of the general public. No costs. Consequently, the connected miscellaneous petitions are closed.

27.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN To M.DHANDAPANI

,J.

PKN DATED : 27.07.2026