IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Suresh Kumar, A.D. Jagadish Chandira, JJ
P.RAJA – Appellant
Versus
DIRECTOR OF MUNICIPAL ADMINISTRATION – Respondent
W.P.No.39830 of 2025
| Table of Content |
|---|
| 1. petition for removal of hawkers based on town vending committee's non-vending zone declaration. (Para 1 , 2 , 3 , 4) |
| 2. proposal for removal of vendors with provision for alternative rehabilitation sites. (Para 5) |
| 3. mandate to clear arterial roads to ensure unobstructed pedestrian and vehicular movement. (Para 6 , 7 , 8) |
| 4. disposal of petition with a requirement for a compliance report. (Para 9 , 10) |
Prayer: Petition under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing 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.
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.
2. Heard 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.
3. During 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.
4. Accordingly, 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:-
“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 ; guR 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) 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;)”
5. Relying 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 thi
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