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2026 Supreme(Online)(Mad) 41236

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Ambattur Estate Salaiyora Sirukadai Vyaparigal San – Appellant
Versus
The Secretary to Government – Respondent
W.P.No. 16957 of 2026 | W.M.P.No.18266 of 2026



Advocates:
For the Appellants/Petitioners: Mr.L.Chandrakumar
For the Respondents:Mr.R.Murthi Government Advocate for R1 to R3, Mr.E.C.Ramesh for R4 and R5

Courts can direct administrative authorities to consider pending representations within a specified timeframe without examining the merits of the case.

Headnote:Statute Analysis: The case involves Article 226 of the Constitution of India and the Street Vendors (Protection of Livelihood and Regulation of the Street Vending) Act, 2014. Facts of the Case: The petitioner association, representing roadside vendors, sought a Writ of Mandamus to prevent interference with street vending until their representation for shop allotments is decided.

Findings of Court:
The Court directed the first respondent to consider the petitioner's representation on merits within six weeks.

Issues: The main issue relates to the protection of street vendors pending consideration of their representation.

Ratio Decidendi: The Court held that without going into merits, administrative authorities should consider pending representations within a specified time frame.

Result: The Writ Petition was disposed of with a direction to decide the representation within six weeks.

Table of Content
1. petitioner association seeks protection for street vending pending shop allotment. (Para 1 , 2)
2. court directs respondent to consider representation within six weeks without merits review. (Para 4 , 5 , 6)

...Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the second respondent, their men, agents, servants, subordinate officials or anybody claiming through or under them from interfering with the street vending by the members of the petitioners’ association on the road side margin of Ambattur Industrial Campus, Chennai-600 058, till the petitioners’ representation dated 31.03.2023 made for allotment of shops on rental basis is decided.

For Petitioner : Mr.L.Chandrakumar For Respondent : Mr.R.Murthi Government Advocate for R1 to R3 Mr.E.C.Ramesh for R4 and R5

O R D E R

This Writ Petition has been filed to forbear the second respondent, their men, agents, servants, subordinate officials or anybody claiming through or under them from interfering with the street vending by the members of the petitioners’ association on the road side margin of Ambattur Industrial Campus, Chennai, till the petitioners’ representation dated 31.03.2023 made for allotment of shops on rental basis is decided.

2. The case of the petitioner is that the petitioner is an Association started in the year 2011 for the welfare of the roadside vendors, petty shops and mobile vendors and subsequently, it was registered on 02.05.2019 under the Tamil Nadu Societies Registration Act. The members of the Association are running their business on the roadside margin of Ambattur Industrial Estate by having small push cart shops, small bunk shops, petty shops and other modes of mobile vending for the past several years. Pursuant to enactment of Street Vendors (Protection of Livelihood and Regulation of the Street Vending) Act, 2014, to regulate the street vending through demarcation of vending zones, conditions for and the restrictions on Street Vending, the third respondent has taken steps to evict the members of the petitioner Association. Therefore, the petitioner Association filed a writ petition in W.P.No.31004 of 2019. During the hearing of the said writ petition, the third respondent produced a Circular dated 07.11.2019 stating that Ambattur Industrial Estate was declared as Non- Vending Zone. Therefore, the writ petition was dismissed holding that the circular has to be challenged. During the pendency of the above writ petition, the petitioner Association sent a representation to the second respondent seeking permission to their members to provide Certificate of vending in accordance with the provisions of the above Act. The said representation is forwarded by the second respondent to conduct survey and send a report for granting permission to the members of the petitioner Association for carrying on street vending by putting up permanent structure of petty shops on payment of monthly rent. Accordingly, the third respondent sent a report to the second respondent for allotment of shops in favour of the members of the petitioner Association. Meeting was convened and the petitioner Association submitted their undertaking before the second respondent and thereafter, the matter stood still and therefore, the petitioner Association filed another writ petition in W.P.No.22130 of 2023, seeking a writ of Mandamus, directing the respondents 2 and 3 to consider and pass orders on the representation dated

31.03.2023 made for allotment of shops to the petitioner’s Association on rental basis in Ambattur Industrial Estate and the same is under consideration. In the meanwhile, there is a maintenance work going in SIDCO Campus, Ambattur by the fourth respondent Chennai Corporation and therefore, the running of street vending shops by the members of the petitioner Association is being hindered.

Therefore, the petitioner is before this Court seeking the aforesaid prayer. 3. T

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