The court affirmed that street vendors do not have an unqualified right to occupy designated no-vending zones and that proper procedures for eviction as per the relevant statutes were followed.

ORDER :

R. Vijayakumar, J.

WP(MD).No.33317 of 2025 has been filed by a registered association of street vendors seeking a mandamus directing the Commissioner of Trichy Corporation as well as the Chairman of Town Vending Committee of the said Corporation not to evict or relocate the street vendors from their existing allotted vending zone at NSB Road, Vanappattarai Road, Chathiram Bus stand area including Indira College Road, WB Road, Kamarajar Arch Side area, Singara Thoppu area, Periyakadai Veethi area, without allocating the alternate vending zone in the light of provisions contained under Rule 13 of Tamil Nadu Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2015 based upon the representation given by the association dated 11.11.2025

2.WP(MD).No.1044 of 2026 has been filed seeking a mandamus forbearing the Commissioner of Trichy Municipal Corporation and Chairperson of Town Vending Committee of the said Corporation from in any manner dispossessing or evicting the petitioners from their present place of street vending at NSB Trichy till completion of survey as contemplated under Section 3 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter called the Act) and certificate of vending to issue all the street vendors by considering the representation dated16.12.2025.

3.Since the issue involved in both the writ petitions relate to the eviction of street vendors by Trichy Municipal Corporation and the allegations made in the writ petitions are similar, both the writ petitions are tagged together and a common order is being passed.

(A).Factual Matrix:

4.One P.Maheshwari Vaiyapuri had filed WP(MD).No.13745 of 2023 before the Hon'ble Division Bench seeking a mandamus as against the Revenue Officials, Municipal Corporation Officials and Hindu Religious and Charitable Endowment Officials to take immediate steps to restore the Theppakulam at Rockfort Temple Complex in Trichy City and its channel to bring water from the river of Cauvery to its original position and consequently direct the respondents to remove all encroachments around the Theppakulam within a time frame fixed by this Court.

5.On 13.06.2023, the Hon'ble Division Bench dealing removal of encroachment in waterbody had directed the Trichy Municipal Corporation to file a status report with regard to the present condition, encroachment committed, steps taken and whether there were any inlets and feeding channels for the tank are intact and possibility of restoration. The case was adjourned to 22.06.2023. When the matter was taken up on 10.08.2023, the Standing Counsel appearing for the Trichy Corporation has submitted that there is no inlet or outlet for the Theppakulam. Therefore, a direction was issued by the Hon'ble Division Bench to the District Collector to cause verification with reference to the earlier revenue records and file an affidavit.

6.On12.12.2023, the learned Additional Advocate General had submitted that the petition mentioned tank does not have any inlet or outlet. On 27.02.2024, the Division Bench had directed the learned Amicus Curiae to inspect the Theppakulam along with officials and find out the source of water and to file a report. On 21.08.2025, the Commissioner of Trichy Corporation appeared through video conferencing undertook to file an affidavit for removal of the encroachment in and around Theppakulam, Trichy. He further undertook to ensure that it will be classified as litter-free and no-vending zone. On 20.11.2025, the Division Bench recorded a finding that the restoration of inlet and outlet water source appears to be impossible and had