Petitioner challenged notice to vacate a shop in a temple premises after holding it for over 12 years. Court directed petitioner to vacate within two weeks to facilitate a fresh auction for higher revenue, allowing participation in the open public auction.
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W.P.No.15248 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.15248 of 2024 and W.M.P.No.16587 of 2024
R.Sivaguru
...Petitioner
Vs
1.The Joint Commissioner HR & CE, Erode District.
2.The Executive Officer Arulmigukariyakali Amman Thirukovil, Periyamanali, Thiruchengodu Taluk, Namakkal District
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records pertaining to the notice issued by the 2nd respondent dated 21.02.2024 and quash the same.
For Petitioner : Mr.C.Venkatesan for Mr.R.Muruga Bharathi For Respondents : Mr.K.Karthikeyan Government Advocate
ORDER
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W.P.No.15248 of 2024
This writ petition has been filed challenging the notice issued by the 2nd respondent dated 21.02.2024.
(ii). In the said shop, the petitioner was running a flower shop for his livelihood. On completion of the lease period (i.e.) on 30.06.2015, the lease period was extended for every 3 years by increasing 15% of the rent. The petitioner have been running the said shop for almost 12 years and his livelihood depends on the said shop. Now, the petitioner is paying a sum of Rs.1,500/- p.m. and the rent has been periodically increased and he is ready to pay the fair rent as fixed by the 2nd
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respondent. But the 2nd respondent had issued a notice dated 21.02.2024 calling upon the petitioner to vacate the shop within a period of fifteen(15) days from the date of receipt of the notice. Hence, he filed the present writ petition.
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W.P.No.15248 of 2024
temple, the respondents had decided to conduct fresh auction and thereby, praying to dismiss the present writ petition by directing the petitioner to vacate the said shop within a period of 15 days.
counsel for the respondents and perused the materials available on record.
to increase the income of the temple, the petitioner can vacate the said shop within a period of two(2) weeks from the date of receipt of a copy of
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W.P.No.15248 of 2024
this order and he will be permitted to participate in the open public auction.
15.07.2024
Index:Yes/No Speaking order/Non-speaking order msv To 1.The Joint Commissioner HR & CE, Erode District. 2.The Executive Officer Arulmigukariyakali Amman Thirukovil, Periyamanali, Thiruchengodu Taluk, Namakkal District
V.BHAVANI SUBBAROYAN ,J.
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W.P.No.15248 of 2024
msv
W.P.No.15248 of 2024 and W.M.P.No.16587 of 2024
15.07.2024
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1 issue framed by the court
Whether the notice to vacate the shop after a long tenancy is illegal and untenable?
R.Sivaguru
The Joint Commissioner HR & CE, Erode District
The Executive Officer Arulmigukariyakali Amman Thirukovil, Periyamanali, Thiruchengodu Taluk, Namakkal District
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
