Petitioner challenged removal of his allotted shop asserting violation of fundamental rights due to lack of due process and failure to consider renewal request. Court noted lease terms were not met, public interest warranted removal, and lease had expired, disposing the writ.
No compensation or direction for restoration of shop.
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W.P(MD)No.13974 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.02.2022
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P(MD)No.13974 of 2018 and W.M.P(MD).No.12685 of 2018 (Through video Conference)
R.Saravanan
... Petitioner Vs.
1.The State of Tamil Nadu Represented by its The Secretary to Government, Water Supply and Municipal Administration Department, Secretariat, Fort. St.George, Chennai. 2.The Secretary to Government, Government of Tamil Nadu, Revenue Department, Secretariat, Fort St.George, Chennai. 3.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai. 4.The District Collector, Office of the District Collector, Thoothukudi District. 5.The Assistant Director, Town Panchayats, Tirunelveli Region, Tirunelveli. 6.The Executive Officer, Special Grade Town Panchayat, Tiruchendur, Thoothukudi District.
7.Manoranjitham 8.Alagar 9.Chinnadurai https://hcservices.ecourts.gov.in/hcservices/
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10.Regurajan 11.Selvakumar 12.Vemani 13.Chendurrajan 14.Vetrivel Murugan 15.Ramesh Kumar 16.Edward
.. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to direct the respondents 1 to 4 to initiate necessary action against the respondent Nos.7,9,12,14,15 and 16, directing the respondent No.2 to initiate necessary action against respondent Nos.10 and 11 on the basis of the petitioner's representation, dated 12.04.2018 and 28.04.2018 consequently, directing the respondents to pay Rs.20,00,000/- as compensation to the petitioner for demolishing his shop at Shop No.1A, situated at Bagatsingh bus stand, Tiruchendur, Thoothukudi District by misusing their power and without following the due process of law within the time stipulated by this Court.
For R6 : Mr.M.Rajarajan
For R7 to R16 : Mr.S.Karthick Subramanian
O R D E R
The writ petition is filed seeking mandamus to direct the respondents 1 and 4 to initiate necessary action against the respondents 7, 9, 12, 14, 15 and 16 and similar direction to the second respondent to initiate action against the respondents 10 and 11.
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W.P(MD)No.13974 of 2018
per the proceedings, the license is valid for a period of one year and to be renewed periodically on condition of payment of 5% enhanced lease amount.
5.The 11th respondent-Sub Inspector of Police in his personal capacity, has filed counter in the writ petition and as far as the State is concerned, the learned Additional Public Prosecutor has obtained instructions and the file been produced to this Court for perusal.
6.The proceedings allotting 150 Sq.Ft., of vacant space to the petitioner herein is dated 19.11.2014. This proceedings indicates that the petitioner herein, who was formerly running a Milk Booth near the old bus stand been allotted space near the new bus stand behind K.P.Kandasamy statue. The lease was for a period of one year from 01.12.2014 to 30.11.2015 and there is a specific clause which enables the petitioner to seek for renewal 90 days prior to the expiry of the lease period with an undertaking to pay 5% more as lease amount. Clause-3 of the lease prohibits the lessee from encroaching or extending the shop beyond the extend allotted to him. Further, there is also restriction regarding sale of any prohibited goods in the shop.
9.When the matter came up for hearing, this Court to ascertain https://hcservices.ecourts.gov.in/hcservices/ whether there is any commercial premises is existing at present in
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the place where the petitioner was occupying, the learned Additional Public Prosecutor was requested to produce the photographs. Accordingly, sets of photographs also been produced before this Court wherein this Court finds that in the said place, there is a drinking water tank installed for the use of public.
11.The facts as contended by the petitioner herein indicates that in the space allotted to him, there was a water tank for the use of public and that was removed to accommodate the petitioner herein. Though the petitioner was granted vacant space pursuant to the order of this Court, on condition, he should not extend the area allotted to him and he was suppose to run Milk Parlour, he has not carried that business and he has extended the space without authority and that has invited complaint from the public and as a sequence, the respondents have taken action to remove the shop only after expiry of the lease period and not during the lease period.
13.With this observation, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (P&A)
// True Copy //
PJL
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W.P(MD)No.13974 of 2018
To
1.The Secretary to Government, The State of Tamil Nadu, Water Supply and Municipal Administration Department, Secretariat, Fort. St.George, Chennai.
2.The Secretary to Government, Government of Tamil Nadu, Revenue Department, Secretariat, Fort St.George, Chennai.
3.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.
4.The District Collector, Office of the District Collector, Thoothukudi District.
5.The Assistant Director, Town Panchayats, Tirunelveli Region, Tirunelveli.
W.P.(MD)No.13974 of 2018 04.02.2022
RD(25.02.2022) 5P 7C
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2 issues framed by the court
Whether premature removal of a shop allotted under a fixed-lease without renewal amounted to a violation of fundamental rights under Articles 14 and 21.
Whether the authorities followed the due process of law before removing the petitioner's shop after the lease expired.
1 provisions across 1 enactments
R.Saravanan
The State of Tamil Nadu Represented by its The Secretary to Government, Water Supply and Municipal Administration Department
The Director General of Police
The District Collector, Office of the District Collector, Thoothukudi District
The Assistant Director, Town Panchayats, Tirunelveli Region
The Executive Officer, Special Grade Town Panchayat, Tiruchendur
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
