Remanded

Krishnavel. L v. The District Collector

Madras HC13 Dec 2023WP(MD)/15877/2022

Case brief

AI extract

What is this about?

This common order addressed writ petitions challenging an order to evict shopkeepers from a daily vegetable market in Sankarankovil pending construction of new market and bus stand complexes. The court held the local body's proposal reasonable to prevent fund lapse and directed them to provide temporary accommodation.

What did the court decide?

Directed local body to identify temporary place within two weeks; licensees to move by 01.01.2024; local body to complete new works within six months.

Krishnavel. L Vs The District Collector — Landlord and Tenant | Madras HC (2023)

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W.P(MD)Nos.15877 and 17127 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.12.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)Nos.15877 and 17127 of 2022 and

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W.M.P.(MD)Nos11451 and 12498 of 2022

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and

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W.M.P.(MD)Nos.24695, 24700, 24742 and 24743 of 2023

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W.P.(MD)No.15877 of 2022:-

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L.Krishnavel ... Petitioner

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Vs.

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1.The District Collector, Tenkasi District, Tenkasi.

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2.The Regional Director of Municipal Administration, Tirunelveli.

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3.The Commissioner, Sankarankovil Municipality, Tenkasi District.

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of

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India, praying this Court to issue a Writ of Mandamus, forbearing the Respondents from evicting the petitioner from his shop bearing Shop

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.15877 and 17127 of 2022

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No.63B/6 situated in Anna Bus Stand Main Road, Sankarankovil by

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considering the petitioner's representation dated 05.07.2022.

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For Petitioner : Mr.K.Jeyamohan

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For Respondents : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.M.Prakash, Addl. Government Pleader for R1 & R2. Mr.P.T.Thiraviam for R3.

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W.P.(MD)No.17127 of 2022:-

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Thinasari Naalangadi Vyaabarigal Sangam, Rep. by its Vice Secretary, K.Chandrasekaran. ... Petitioner

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Vs.

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1.The District Collector, Tenkasi District, Tenkasi.

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2.The Regional Director of Municipal Administration, Tirunelveli.

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3.The Commissioner, Sankarankovil Municipality, Tenkasi District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of

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India, praying this Court to issue a Writ of Mandamus, forbearing the

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.15877 and 17127 of 2022

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respondents from evicting the shop keepers of the daily vegetable market

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in “Gandhiji Nootrandu Ninaivu Naal Angadi” situated near Anna Bus Stand, Sankarankovil by considering the petitioner's representation dated 15.07.2022.

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For Petitioner : Mr.K.Jeyamohan

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For Respondents : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.M.Prakash, Addl. Government Pleader for R1 & R2. Mr.P.T.Thiraviam for R3.

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COMMON ORDER

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Heard the learned counsel for the writ petitioners, the learned Additional Advocate General assisted by the learned Additional Government Pleader for the respondents 1 and 2 and the learned standing counsel for the third respondent.

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2.The petitioners and other have been allotted shops in Anna Bus

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Stand Market Complex, Sankarankovil. It is not in dispute that the petitioners' license period is yet to expire. In the meanwhile, the local

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.15877 and 17127 of 2022

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body had shifted the municipal office as well as bus stand. The construction that is presently going on will house both the new bus stand as well as new market complex. 70% of the work is already over. It is undertaken by the local body that the entire works including construction of market complex will be over within an outer time limit of six more months. It is stated that the old market complex is also proposed to be renovated. All that the local body wants is that the petitioners should go out and run their business from a temporary accommodation which will also be identified by the local body for the intervening period.

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3.I find the stand of the local body to be reasonable. This is more so because the funds allotted for construction of new bus stand / new market and renovation of the old market and old bus stand will lapse, if the project is not completed within the time line stipulated.

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4.I, therefore direct the local body to identify a temporary place

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from where the licensees of the old market can carry on their business. This shall be done by the local body within a period of two weeks from the date of receipt of a copy of this order. The petitioners and other

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.15877 and 17127 of 2022

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licensees will have to move to the newly identified place with effect from

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01.01.2024. The local body will complete the work of constructing the

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new bus stand and new market within an outer time limit of six months from today ie., 13.12.2023. The rights of the petitioners and other licensees to be allotted shops in the new market will be governed by the Tamil Nadu Urban Local Bodies Rules.

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5.The writ petitions are disposed of accordingly. No costs.

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Consequently, connected miscellaneous petitions are closed.

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13.12.2023

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 18.12.2023.

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To:-

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1.The District Collector, Tenkasi District, Tenkasi.

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2.The Regional Director of Municipal Administration, Tirunelveli.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)Nos.15877 and 17127 of 2022

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G.R.SWAMINATHAN, J.

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ias

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W.P(MD)Nos.15877 and 17127 of 2022

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13.12.2023

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https://www.mhc.tn.gov.in/judis

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Krishnavel. L v. The District Collector

Case brief

What is this about?

What did the court decide?

Krishnavel. L v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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