Petitioner challenged an order directing vacation of a municipal shop space. The Court noted the lease had expired and petitioner had already vacated the premises. The Writ Petition was dismissed.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2024
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN
W.P.No.15516 of 2021 and W.M.P.No.16441 of 2021
M.K.Shobana .. Petitioner
Vs.
1.The District Collector, District Collectorate, Nagapattinam.
2.The Commissioner, Nagapattinam Municipality, No.536, Public Office Road, Nagapattinam. .. Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the entire records relating to impugned proceedings in Na.Ka.No.1782/2020/A4 dated 07.07.2021 on the file of the 2nd respondent and to quash the same.
For Petitioner .. Mr.T.Ananthasekar For Respondents .. Mr.S.J.Mohamed Sathik, Government Advocate.
2
ORDER
This Writ Petition has been filed in the nature of a Certiorari, calling for the records relating to proceedings in Na.Ka.No.1782/2020/A4 dated
07.07.2021 passed by the 2nd respondent and to quash the same.
2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner was selling vegetables in a vacant land measuring 150 sq.ft. belonging to the 2nd respondent in Ward No.4, Block No.62, Ezhai Pillayar Koil Street, Nagapattinam. The petitioner had sought allotment of the said portion of the vacant land by letter dated 01.09.2020. The 2nd respondent also passed a resolution on 29.01.2021 allotting the said portion to set up a vegetable shop. The Writ Petition has been filed since a letter dated 07.07.2021 was issued by the 2nd respondent directing the petitioner to vacate and handover the shop.
3.A learned Single Judge of this Court had granted stay. The petitioner continued to occupy the said portion and do the business. It is also seen from the records that the lease period of the petitioner was from
3
01.12.2021 to 31.01.2024. The period has long expired.
4.It is also informed that the petitioner had vacated the premise and had shifted the business to another place. The 2nd respondent is directed to take possession of the said portion. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
05.12.2024
Index:Yes/No Internet:Yes/No smv
To
2.The Commissioner, Nagapattinam Municipality, No.536, Public Office Road, Nagapattinam.
4
C.V.KARTHIKEYAN,J.
smv
W.P.No.15516 of 2021
05.12.2024
1 issue framed by the court
Whether the writ petition regarding allotment and subsequent vacation of municipal shop space requires relief after expiry of lease period.
1 provisions across 1 enactments
M.K.Shobana
The District Collector, District Collectorate, Nagapattinam
The Commissioner, Nagapattinam Municipality
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
