Allowed

Dr.Lakshminarayanan v. the Estate Officer/Tiruvarur

Madras HC27 Nov 2020WP/13539/2012

Case brief

AI extract

What is this about?

The High Court set aside a Form C notice issued under the Tamil Nadu Public Premises (Eviction of Occupants) Act, 1978, for failing to pass a prior Section 5 order. The court remitted the matter back and directed the court below to hear the petitioner. In the second petition, the court directed the respondent to consider a representation for an arcade license pending related proceedings.

What did the court decide?

Impugned notice is set aside; matter remitted to respondent to pass Section 5 order and give notice. Respondent directed to consider representation for arcade license deferring to outcome of related p

Dr.Lakshminarayanan Vs the Estate… — Public Procurement and Tenders | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.11.2020

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CORAM :

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The HON'BLE MR.JUSTICE M.DURAISWAMY

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W.P.Nos. 13539 of 2012 and 24731 of 2018 and M.P.Nos. 1 & 2 of 2012 in W.P.No. 13539 of 2012

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Dr. Lakshminarayanan ... Petitioner in both Wps

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The Estate Officer/Tiruvarur Municipal Commissioner, Tiruvarur Municipality, Tiruvaur. 2. Tiruvarur Municipality, Rep. By its Executive Authority, Tiruvaur. ... Respondents in W.P.No. 13539 of 2012 The Municipal Commissioner, Tiruvarur Municipality, Tiruvaur. ... Respondent in W.P.No.24731 of 2018

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W.P.No. 13539 of 2012 : Writ Petition filed under Article 226 of the Constitution of India to issue a Certiorari, calling for the records pertaining to impugned communication in FORM – C under Rule 6 of the Tamil Nadu Public Premises (Eviction of Occupants) Rule 1978 as passed by Estate Officer/Tiruvarur Municipality Commissioner/1^st respondent dated 08.05.2012 and quash the same.

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W.P.No. 24731 of 2018 : Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondent to issue license to the petitioner to use 6 feet Arcade connecting with Projection in the 1^st Floor of the petitioner hospital for transportation of patients located in two premises bearing Door No.16, Kamalalayam West Bank Street and the premises bearing Door No.31A in Swami Mada Street either by lease or Rental as contemplated under 183(3) of District Municipalities Act by considering the petitioner's representation dated 31.01.2018.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr. Vijayan for M/s.Karan and Uday

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For Respondents : Mr. P. Srinivas

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COMMON ORDER

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The petitioner has filed the the Writ Petition in W.P.No. 13539 of 2012 to issue a Writ of Certiorari to call for the records pertaining to the impugned communication in FORM – C under Rule 6 of the Tamil Nadu Public Premises (Eviction of Occupants) Rule 1978 as passed by Estate Officer/Tiruvarur Municipality Commissioner/1^st respondent dated 08.05.2012 and to quash the same.

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It is the case of the petitioner that the impugned order has been passed by the 1^st respondent without passing an order under section 5 of the Tamil Nadu Public Premises (Eviction of Occupants) Act, which is against the provisions of the Act.

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When the 1^st respondent contemplated action under the Tamil Nadu Public Premises (Eviction of Occupants) Act, he should pass an order under section 5 of the Act before the issuance of notice in Form C under Rule 6 of the Tamil Nadu Public Premises (Eviction of Occupants) Act, 1978.

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Mr. P. Srinivas, learned counsel appearing for the respondents fairly submitted that the 1^st respondent has not passed any order under section 5 of the Act, therefore, the impugned notice dated 08.05.2012 may be set aside and the matter made by remitted back to the 1^st respondent for passing an order under section 5 of the Act.

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Having regard to the submissions made by the learned counsel on either side, since the 1^st respondent has not passed any order under section 5 of the Act, the impugned notice dated 08.05.2012 issued in Form C is set aside and the matter is remitted back to the 1^st respondent for passing an order under Section 5 of the Act. The 1^st respondent is directed to give an opportunity of hearing to the petitioner and pass an order under Section 5 of the Act, in accordance with law, as expeditiously as possible.

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The petitioner has filed the Writ Petition in W.P.No. 24731 of 2018 to issue a Writ of Mandamus directing the respondent to issue license to the petitioner to use 6 feet Arcade connecting with Projection in the 1^st Floor of the petitioner's hospital for transportation of patients located

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https://hcservices.ecourts.gov.in/hcservices/

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in two premises bearing Door No.16, Kamalalayam West Bank Street and the premises bearing Door No.31A in Swami Mada Street either by lease or Rental as contemplated under 183(3) of District Municipalities Act by considering the petitioner's representation dated 31.01.2018.

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Mr. Vijayan, learned counsel appearing for the petitioner submitted that it would be suffice to direct the respondent to consider the petitioner's representation dated 31.01.2018, within a time frame.

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Having regard to the submission made by the learned counsel appearing for the petitioner, without expressing any opinion with regard to the merits of the case, I direct the respondent to consider the petitioner's representation dated 31.01.2018, and pass orders, on merits and in accordance with law, as expeditiously as possible subject to the outcome of the proceedings pending before the Estate Officer/Tiruvarur Municipal Commissioner, Tiruvarur.

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With these observations, the Writ Petition in W.P.No.13539 of 2012 is allowed and the Writ Petition in W.P.No. 24731 of 2018 is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Rj To 1. The Estate Officer/Tiruvarur Municipal Commissioner, Tiruvarur Municipality, Tiruvaur. 2. The Executive Authority, Tiruvarur Municipality, Tiruvaur. +1cc to M/s.Karan and uday, Advocate Sr.37982 +1cc to the Government Pleader Sr.38267

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W.P.Nos. 13539 of 2012 and 24731 of 2018 and M.P.Nos. 1 & 2 of 2012 in W.P.No. 13539 of 2012

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nrl[co] srg 07/12/2020

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https://hcservices.ecourts.gov.in/hcservices/

Dr.Lakshminarayanan v. the Estate Officer/Tiruvarur

Case brief

What is this about?

What did the court decide?

Dr.Lakshminarayanan v. the Estate Officer/Tiruvarur

Case brief

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What did the court decide?

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