The Madras High Court allowed five writ petitions filed by shopkeepers against eviction notices. Relying on a prior common order, the court permitted the petitioners to remain as licensees until 31.03.2024, leaving the decision on renewal to the local body.
Impugned notices quashed; petitioners permitted to remain licensees till 31.03.2024.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.04.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD)Nos.4821 to 4825 of 2023 and
W.M.P.(MD)Nos.4496, 4497, 4498, 4502, 4503, 4505, 4499, 4500, 4501, 4504, 4506, 4507, 4508, 4509 and 4510 of 2023
W.P.(MD)No.4821 of 2023:-
P.Latha
... Petitioner
vs.
1.The Collector, Ramanathapuram District, Ramanathapuram.
2.The Assistant Director, Town Panchayat, Sivagangai, Sivagangai District.
3.The Executive Officer, Town Panchayat, Muthukulathur, Ramanathapuram District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Notice in Na.Ka.No.A2/108/2018, dated 01.02.2023 issued by the third respondent issued in respect of Shop No.4 at inside of the bus stand (eastern side) Muthukulathur Bus Stand,
1/8
Ramanathapuram District and to quash the same as illegal and consequently, to forbear the respondent from evicting the petitioner without providing the alternate shop and reeducation after the completion of the project.
W.P.(MD)No.4822 of 2023:-
N.Subburaj ... Petitioner
vs.
1.The Collector, Ramanathapuram District, Ramanathapuram.
2.The Assistant Director, Town Panchayat, Sivagangai, Sivagangai District.
3.The Executive Officer, Town Panchayat, Muthukulathur, Ramanathapuram District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Notice in Na.Ka.No.A2/108/2018, dated 01.02.2023 issued by the third respondent issued in respect of Shop No.15 at inside of the bus stand (eastern side) Muthukulathur Bus Stand, Ramanathapuram District and to quash the same as illegal and consequently, to forbear the respondent from evicting the petitioner without providing the alternate shop and reeducation after the completion of the project.
2/8
W.P.(MD)No.4823 of 2023:-
M.Kaja Kamarudeen
... Petitioner
vs.
1.The Collector, Ramanathapuram District, Ramanathapuram.
2.The Assistant Director, Town Panchayat, Sivagangai, Sivagangai District.
3.The Executive Officer, Town Panchayat, Muthukulathur, Ramanathapuram District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Notice in Na.Ka.No.A2/108/2018, dated 01.02.2023 issued by the third respondent issued in respect of Shop No.2 at inside of the bus stand (eastern side) Muthukulathur Bus Stand, Ramanathapuram District and to quash the same as illegal and consequently, to forbear the respondent from evicting the petitioner without providing the alternate shop and reeducation after the completion of the project.
W.P.(MD)No.4824 of 2023:-
Naina Mohamed ... Petitioner
vs.
3/8
1.The Collector, Ramanathapuram District, Ramanathapuram.
2.The Assistant Director, Town Panchayat, Sivagangai, Sivagangai District.
3.The Executive Officer, Town Panchayat, Muthukulathur, Ramanathapuram District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Notice in Na.Ka.No.A2/108/2018, dated 01.02.2023 issued by the third respondent issued in respect of Shop No.7 at inside of the bus stand (western side) Muthukulathur Bus Stand, Ramanathapuram District and to quash the same as illegal and consequently, to forbear the respondent from evicting the petitioner without providing the alternate shop and reeducation after the completion of the project.
W.P.(MD)No.4825 of 2023:-
S.Ramu ... Petitioner
vs.
1.The Collector, Ramanathapuram District, Ramanathapuram.
2.The Assistant Director, Town Panchayat, Sivagangai, Sivagangai District.
4/8
3.The Executive Officer, Town Panchayat, Muthukulathur, Ramanathapuram District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Notice in Na.Ka.No.A2/108/2018, dated 01.02.2023 issued by the third respondent issued in respect of Shop No.3 at inside of the bus stand (eastern side) Muthukulathur Bus Stand, Ramanathapuram District and to quash the same as illegal and consequently, to forbear the respondent from evicting the petitioner without providing the alternate shop and reeducation after the completion of the project.
For Petitioners :Mr.M.Muniasamy For R1 and R2 :Mr.J.Ashok Additional Government Pleader For R3 :Mr.N.Dilip Kumar
(in all cases)
C O M M O N O R D E R
Heard Mr.M.Muniasamy, learned Counsel for the petitioners, Mr. J.Ashok, learned Additional Government Pleader for the first and respondents and Mr.N.Dilip Kumar, learned Counsel for the third respondent in all cases.
5/8
“2.The petitioners are licensees occupying shops belonging to the local body. It is beyond dispute that the licence period will expire only on 31.03.2024. It is not known as to why the respondents has issued the impugned notice calling upon the petitioner to explain as to why the licence should not be terminated.
3.It is not the case of the respondent that the petitioners have breached the licence terms and conditions. I therefore quash the impugned notice. The petitioners are permitted to remain as licencees till 31.03.2024. Whether to renew the licence or to bring the shops to public auction, it is a call to be taken by the local body. The petitioners cannot insist as a matter of right that their licences should be renewed even after 31.03.2024. The issue is entirely within the discretion of the local body.
4.These writ petitions are allowed on these terms. Consequently, connected miscellaneous petitions are closed.
4.The same order enures to all the petitioners herein and all these
Writ Petitions stand allowed and the petitioners are permitted to remain
6/8
the licensees till 31.03.2024. The further directions, as aforementioned, would also apply to the petitioners herein. No costs. Consequently, connected miscellaneous petitions are closed.
Index :Yes / No 10.04.2023 Internet :Yes NCC : Yes/No cmr To 1.The Collector, Ramanathapuram District, Ramanathapuram. 2.The Assistant Director, Town Panchayat, Sivagangai, Sivagangai District. 3.The Executive Officer, Town Panchayat, Muthukulathur, Ramanathapuram District.
7/8
C.V.KARTHIKEYAN, J.
cmr
Order made in W.P.(MD)Nos.4821 to 4825 of 2023
10.04.2023
8/8
2 issues framed by the court
Whether to allow five writ petitions seeking quashing of notices for eviction of shop licensees.
Whether to permit petitioners to remain as licensees till the expiry of the license period.
Colour shows how this judgement treated each authority
W.P. (MD)No.4270 of 2023, [N.Amutha vs The Executive Officer, Mudukulathur Panchayat]Referred¶63
P.Latha
The Collector, Ramanathapuram District
The Assistant Director, Town Panchayat, Sivagangai
The Executive Officer, Town Panchayat, Muthukulathur
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.V.Karthikeyan
Parties & counsel
