Petitioner challenged an order denying allotment of new shop stalls. Court noted that a subsequent communication from the Commissioner protected the petitioner's interests, leading to the closure of the writ petition without specific orders. Subject matter involves municipal stall allocation.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2018
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.30012 of 2010
V.Soundararajan ... Petitioner
Vs 1.The Commissioner, Virudhachalam Municipality, Virudhachalam, Cuddalore District. 2.The Chairman, Virudhachalam Municipality, Virudhachalam, Cuddalore District. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the first respondent's records pertaining to the impugned order dated 20.12.2010 made in Na.Ka.No.337/08/m/2 and quash the same as illegal and direct the respondents not to evict the petitioner from running his licenced Bunk Stall Nos.6 and 8 in any manner not known to law.
For Petitioner : Mr.A.Arulmozhi For Respondents : Mr.B.Anand, Government Advocate
This writ petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the first respondent's records pertaining to the impugned order dated 20.12.2010 made in Na.Ka.No.337/08/m/2 and quash the same as illegal and consequently, direct the respondents not to evict the petitioner from running his licenced Bunk Stall Nos.6 and 8 in any manner, except under due process of law.
(i) The petitioner has been running two iron bunk stalls viz., Shop Nos.6 and 8 in the Virudhachalam Selvaraj Bus Stand and has been paying the trade licence fees and
rent to the Virudhachalam Municipality and the Electricity consumption charges to the Tamil Nadu Electricity Board. In the said circumstances, the second respondent herein, made efforts to evict the petitioner from the shops in question.
(ii) The petitioner submitted a representation to the first respondent; requesting to direct the second respondent not to evict him. Notwithstanding the same, the second respondent initiated action to evict the petitioner, which compelled him to approach this Court by filing W.P.Nos.546 and 600 of 2008, to issue a Mandamus forbearing the respondents from evicting the petitioner. This Court vide interim order dated 15.03.2010, directed the petitioner to submit an application for allotment of shop in the newly constructed shops near Virudhachalam Bus Stand.
(iii) Aggrieved by the said interim order, the petitioner preferred appeals in W.A.Nos.876 and 877 of 2010, which came to be dismissed vide judgment dated 10.06.2010, passed by the Division Bench of this Court. Thereafter, as per the interim direction of this Court, the petitioner made a representation on 16.06.2010, to the first respondent to allot him two newly constructed shops. Though the said representation was received by the first respondent, no order was passed.
(iv) In the meanwhile, this Court disposed of the aforesaid writ petitions in W.P.Nos.546 and 600 of 2008 on 08.10.2010, by directing the first respondent herein to consider the representation said to have been submitted by the petitioner on 16.06.2010 and pass appropriate orders based on the interim direction of this Court dated 15.03.2010. Since, the first respondent did not comply with the above direction of this Court, the petitioner once again submitted a representation on 12.12.2010, which was disposed of by the first respondent vide order dated 20.12.2010, stating that 32 permanent stalls are covered by auction rules and there is a civil suit pending against 23 shops and hence, no allotment could be made to the petitioner. The said order of the first respondent is under challenge in the present writ petition.
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Sd/Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
gsk
To
1.The Commissioner,
Virudhachalam Municipality,
Virudhachalam,
Cuddalore District.
2.The Chairman,
Virudhachalam Municipality,
Virudhachalam,
Cuddalore District.
W.P.No.30012 of 2010
ASK(17/09/2018)
V. Soundararajan
The Commissioner, Virudhachalam Municipality
The Chairman, Virudhachalam Municipality
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
