Permit Only 300 Shops In Marina: Madras High Court Tells GCC, Says Allotment Must Be Through Draw Of Lots Under Supervision Of Retd Judge

The bench of Justice R Suresh Kumar and Justice AD Jagadish Chandira said that the shops would be selling three categories of items – (i) Eatables, (ii) Toys and related goods, and (iii) Fancy goods or souvenirs. The bench added that 100 shops could be allotted to each category, but also gave liberty to the GCC to make alterations in the number of shops in each category

The bench also directed that the shops should be allocated through draw of lots and the entire process must be conducted under the supervision of a retired high court judge. The court said that it would pass further orders for appointing a retired high court judge to supervise the allotment procedure.

Background

The court was hearing a petition filed by Devi seeking directions to the authorities to consider her representation requesting to issue a shop and relocate it to Marina Beach.

When the case came up before the court, it noted that the street vending business in Marina had to be regulated as it had been continuously engaging the law courts by litigation after litigation. The court noted that in 2020, a bench had issued a series of directions on regulating street vending at Marina Beach. The court, however, noted that the issue could not be pursued effectively due to COVID-19.

The court noted that no concrete scheme was in place for regulating street vending in Marina due to which shops were placed haphazardly causing heavy inconvenience to the people who throng the beach in large numbers. Thus, in order to give quietus to the issue, the court decided to issue directions.

The court had previously directed the Chennai Corporation represented by the Commissioner to look into how street vending was being administered in the Chennai Corporation and what system was being adopted. The court also asked the Commissioner if the Corporation had any scheme to streamline the street vending business. The judges had also decided to conduct a personal inspection of the area in December last year.

Following the inspection, the bench noted that at present, there were proposals for establishing three blue flag areas in the marina, of which one had already been established and was being put to use by the public.

The court noted that a huge area, behind the memorials of leaders at the beach, remained unutilised and was being used a grazing land. The court suggested that this area could be made into a fourth blue flag area. The GCC commissioner also agreed to the proposal.

Following the court's order, the GCC also submitted that revised plan, as per which, the GCC suggested 1006 shops, in perpendicular row, throughout the entire stretch of the marina. Finding this number to be high, the court said that, considering the three categories of items to be sold, it would be appropriate to restrict the number of shops to 300.

The court also suggested that the 100-acre area near the arch of the Parthasarathi Temple could be included into the blue flag area, making it into a bigger blue flag area. The court said that if the area is made into a larger blue flag area, it would be more helpful to beautify the beach and thousands of people can freely move to enjoy the beach atmosphere.

The court also remarked that developing the additional blue flag area was a dire need and once the blue flag areas were established and put in place as a hawker-free zone, the lost glory of the Marina Beach could be restored.

Case Title: S Devi v. The Principal Secretary to the Government

Case No: W.P.No.36085 of 2025