W.A.No.1 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.09.2025 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.SARAVANAN W.A.No.1 of 2022 L.Preethisha … Appellant(s) Vs. 1. The Commissioner, Corporation of Greater Chennai, Rippon Building, Chennai – 600 003. 2. The Chairman cum Executive Engineer, Street Vending Committee, Corporation of Chennai, Revenue Department, Zone – 11, No.123, Arcot Road, Valasaravakkam, Chennai – 600 087. 3. The Divisional Engineer, Division No.128, Corporation of Chennai, No.77, Kamarajar Salai, Virugambakkam, Chennai – 600 092. ... Respondent(s) Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 17.11.2021 made in W.P.No.24353 of 2021. For Appellant(s) : Ms.Jessie Shapathika for M/s.R.Prabhakaran For Respondent(s) : Ms.P.T.Ramadevi, https://www.mhc.tn.gov.in/judis W.A.No.1 of 2022 Senior Counsel J U D G M E N T (Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The writ order dated 17.11.2021 in W.P.No.24353 of 2021 is under challenge in the present intra-court appeal. 2. The writ petitioner, who is the appellant, filed the writ petition challenging the notice issued by the Executive Engineer, Street Vending Committee, Corporation of Chennai, for eviction of unauthorized occupants. 3. The learned counsel for the appellant would submit that the appellant is a transgender and residing at Virugambakkam, Chennai. They sell ice cream in a tricycle during the evening hours between 06.00 p.m. to 10.00 p.m. The authorities found that the ice cream parlour commissioned by the appellant is unauthorized and without license. Thus, a notice was issued, which came to be challenged in the writ proceedings. 4. Instead of submitting an explanation or submitting an appropriate application seeking license, the appellant has chosen to challenge the notice, https://www.mhc.tn.gov.in/judis W.A.No.1 of 2022 which is not maintainable. The learned counsel for the appellant would submit that an explanation was given to the show-cause notice, but no order has been passed. 5. May that as it be. This court is of the considered view that the impugned notice issued is in consonance with the provisions of the Act and Rules. For commissioning an ice cream parlour in a public place, license is to be obtained from the competent authority, and more specifically, the subject location falls under the non-vending zone and therefore, this court do not find any infirmity in respect of the notice issued. The writ order also considered this aspect and granted liberty to the appellant to submit an application seeking liscence/ permission for vending of ice cream in any vending zone/ permitted area or for allotment of a shop in corporation commercial buildings. Contrarily, no person can be allowed to commission any illegal construction, parlours or bunk shops etc., which would cause inconvenience to road users and the public at large. 6. In the present case, the authorities found that the appellant has commissioned an ice cream parlour illegally without license. That being the https://www.mhc.tn.gov.in/judis W.A.No.1 of 2022 factum, the writ court is right in granting liberty to the appellant to approach the authorities by submitting an appropriate application seeking liscence/ permission to sell ice creams in a vending zone or for allotment of a shop, as the case may be. 7. With these observations, the writ appeal stands dismissed. No costs. (S.M.S.,J.) (C.S.N.,J.) 08.09.2025 skr Index : Yes Speaking order To 1. The Commissioner, Corporation of Greater Chennai, Rippon Building, Chennai – 600 003. 2. The Chairman cum Executive Engineer, Street Vending Committee, Corporation of Chennai, Revenue Department, Zone – 11, No.123, Arcot Road, Valasaravakkam, Chennai – 600 087. 3. The Divisional Engineer, https://www.mhc.tn.gov.in/judis W.A.No.1 of 2022 Division No.128, Corporation of Chennai, No.77, Kamarajar Salai, Virugambakkam, Chennai – 600 092. Page 5 of 6 https://www.mhc.tn.gov.in/judis W.A.No.1 of 2022 S.M.SUBRAMANIAM, J. and C.SARAVANAN, J. skr W.A.No.1 of 2022 08.09.2025 https://www.mhc.tn.gov.in/judis