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2026 Supreme(Online)(Mad) 17951

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



Advocates:
For the Appellants/Petitioners: T. Balaji
For the Respondents: A. Selvendran, P. Srinivas

Municipal authorities are mandated to clear encroachments and street hawkers from areas designated as 'Non-Vending Zones' by the Town Vending Committee, particularly on arterial roads where such activities obstruct public movement and commercial access.

Headnote:The petitioners, who are licensed shop owners, filed a petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the municipal authorities to evict illegal occupants and street hawkers from the pavements of a specific arterial road. The court noted that the Town Vending Committee, in its meeting dated 20.01.2026, had officially declared the said road as a 'Non-Vending Zone'. The primary issue was whether the presence of street hawkers on a designated Non-Vending Zone and main arterial road constitutes an obstruction that warrants removal. The court reasoned that since the road is a busy locality with direct access to a bus stand, allowing hawking activities on platforms or road margins creates a hindrance to both pedestrians and vehicular movement, thereby justifying immediate eviction. Immediate action shall be taken by the Municipal Authorities to remove all such hawkers located on the Lawrence Road in the Cuddalore Municipality.

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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