Writ petition filed by a tenant challenging a municipal notice to vacate premises due to encroachment on public roads. The court held the notice valid and dismissed the petition, granting a two-month period for vacatur.
Writ Petition dismissed. Petitioner granted two months time to vacate and hand over the premises.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.21426 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.21426 of 2022 and WMP.Nos.20420, 20422 and 20434/2022
D.Ponramakrishnan
.. Petitioner
vs.
.. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice dated 10.08.2022 vide Na.Ka.No.2532 issued by the 1st respondent and quash the same as illegal
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and consequently, restraining the respondents from disturbing the petitioner's premises situated in Survey No.555/474, Sri Murugan Watch & Co., Market Street, Ariyalur Town & Taluk, Ariyalur District.
For Petitioner :: Mr.A.V.Raja For 1st Respondent :: Mr.L.P.Maurya For 2nd respondent :: Mrs.R.Anitha, Spl.G.P.
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
Challenging the impugned notice dated 10.08.2022 issued by the 1st respondent under Sections 182 (1) and 362 of the Tamil Nadu District Municipalities Act, 1920, calling upon the petitioner to remove the encroachments made on the road side at Survey No.555/474, Ward No.7, Market Street, Ariyalur Municipality, the present Writ Petition has been filed.
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W.P.No.21426 of 2022
impugned proceedings issued by the 1st respondent submitted that the petitioner who is an authorized dealer of Titan, Sonata, Fast Track, Ajantha, Promise, Rikon, is running an exclusive Watch Show Room in the name and style of ''Sri Murugan Watch House'' at No.8, Market Street, Ariyalur for the past 10 years by occupying 300 sq.ft. in the old building owned by the 3rd respondent as a tenant and there was an agreement entered into between the petitioner and the 3rd respondent during the year 2011. On the assurance given by the 3rd respondent that the petitioner can occupy the building-inquestion for a period of 20 years, the petitioner has spent Rs.10,00,000/towards the interior decorations and also invested a huge amount of Rs.50,00,000/-. The 3rd respondent is also running a Textile Shop in the name and style of ''Babu Textiles'' on the southern side of the said building. However, the 3rd respondent's son is insisting upon the petitioner to vacate the premises occupied by the petitioner within a short time. Therefore, the petitioner has filed a Civil Suit in O.S.No.337 of 2014 on the file of the learned District Munsif, Ariyalur and the same is still pending. Meanwhile, the 3rd respondent has approached the 1st and 2nd respondents for evicting the
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petitioner from the business premises-in-question. Only on the discreet prayer made by the 3rd respondent, the 1st respondent has erroneously issued the impugned proceedings dated 10.08.2022 calling upon the petitioner to vacate the premises-in-question within three days which is highly impossible.
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W.P.No.21426 of 2022
respondent.
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W.P.No.21426 of 2022
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W.P.No.21426 of 2022
(T.R.,A.C.J.) (D.K.K, J.)
12.10.2022
Index : Yes/No
tsi
To
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W.P.No.21426 of 2022
THE HON'BLE ACTING CHIEF JUSTICE
AND
D.KRISHNAKUMAR, J.,
tsi
W.P.No.21426 of 2022
12.10.2022
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W.P.No.21426 of 2022
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2 issues framed by the court
Whether the notice issued to the occupier to vacate encroached public road premises is maintainable.
Whether the petitioner is entitled to relief against the eviction notice filed by the Municipality.
1 provisions across 1 enactments
D. Ponramakrishnan
Commissioner, Ariyalur Municipality
Tahsildar, Ariyalur Revenue Taluk
N. Subramanian
R. Raja
D. Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
