Sub-tenant challenged the sealing/allotment order concerning an HR & CE temple shop let to the fifth respondent, seeking allotment of the shop to herself. The court held she had no legal right against respondents 1 to 4 and her earlier similar writ petition was dismissed; hence this petition was not maintainable.
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.
W.P.No.1736 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2024
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. No.1736 of 2024 and W.M.P.No.1780 of 2024
M.Sumathi
Petitioner
/vs/
... Respondents
Page 1 of 6
W.P.No.1736 of 2024
Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records relating to proceedings in R.C.No.46944/2022 D2 dated 26.10.2022 passed by the second respondent herein and quash the same, consequently directing the first respondent to allot the shop in the name and style of Bhoopathy News Mart, at No.92/2, K.P.Koil Street, Saidapet, Chennai in favour of the petitioner for which the petitioner has sent appeal to the first respondent on 04.10.2023.
For Petitioner ... Mr.J.William Shakesphere For Respondents ... Mr.N.R.R.Arun Natarajan Special Govt. Pleader (HR & CE) for R1 to R4
ORDER
This Writ Petition has been filed challenging the order passed by the
second respondent in R.C.No.46944/2022 D2 dated 26.10.2022 and consequently to direct the first respondent to allot the shop in the name and style of “Bhoopathy News Mart” situated at No.92/2, K.P.Koil Street, Saidapet, Chennai in favour of the petitioner.
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W.P.No.1736 of 2024
respondent for running the shop as sub-tenant and he is in possession of the same. Since the original tenant who is the 5th respondent, had defaulted to pay the rent due to the fourth respondent, the shop was sealed.
W.P.No.1736 of 2024
tenancy in his name and the same was dismissed, this Writ Petition itself is not maintainable.
30.01.2024
Index: Yes / No Speaking order / Non-speaking order bkn
Page 4 of 6
W.P.No.1736 of 2024
To:
Chennai – 600 004.
Page 5 of 6
W.P.No.1736 of 2024
R.N.MANJULA ,J.
bkn
W.P.No.1736 of 2024
30.01.2024
Page 6 of 6
1 issue framed by the court
Whether a sub-tenant without legal right against the HR & CE authorities can seek allotment of a sealed temple shop in her favour.
1 provisions across 1 enactments
M.Sumathi
The Secretary to Government, Department of HR & CE, Fort St. George, Chennai
The Commissioner, Department of HR & CE, Nungambakkam, Chennai
The Joint Commissioner, Department of HR & CE, Mylapore, Chennai
The Executive Officer, Arulmigu Karaneeswarar Thirukoil, Saidapet, Chennai
D.Rajasekaran
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
