R.Venkatesa Perumal Vs the Principal Secretary to Government

Writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondents to pass suitable orders by orders by giving preferential allotments of the shops / commercial spaces to

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the petitioner in the proposed redevelopment / rehabilitation plan viz., Walking / Pedestrian Plaza Scheme from Guindy to Chakrapani Road based on the petitioner's representation dated 13.06.2025 by taking into consideration of the petitioner's long standing possession in lieu of illegal demolition of the shop run by the petitioner under the name and style of "Thiruchendur Murugan Unavagam" admeasuring an extent of 150 sq. ft situated at No. 65, Bharathi Nagar, Bharathi Street, Guindy, chennai- 600 032 in accordance with law within the time frame to be stipulated by this Hon'ble court.

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For Petitioner(s): M/s.U.Ramya for Mr.R.Bharath Kumar

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For Respondent(s): Mr.V.Manoharan, AGP for R1, R2 and R4 Mrs.P.T.Ramadevi, St.C for R3

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ORDER

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The above writ petition is filed for issuance of a Writ of Mandamus,

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directing the respondents to pass suitable order by giving preferential allotment

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to shops/ commercial spaces to the petitioner in the proposed redevelopment/re-

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habilitation plan viz. walking/ pedestrian plaza from Guindy Bridge to Chakrapani Road, based on the petitioner's representation dated 13.06.2025,

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within a time frame stipulated by this Court.

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The gist of the facts necessary for the consideration of the petitioner's

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case, are as follows:-

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The petitioner's father was originally running the bunk shop in the

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name and style of ''Tiruchendur Murugan Unavagam'' from 2003, by paying necessary EB charges, property tax, water tax etc. The petitioner's father was issued licence for running the Unavagam. In 2015, when there was a threat of eviction by the Greater Chennai Corporation for the proposed expansion of the road, the petitioner and his father filed a suit in O.S.No.4944 of 2015, on the file of the XII Assistant City Civil Court, Chennai, for permanent injunction, restraining the defendants therein, namely, the Section Engineer (Works) & Divisional Engineer (South Works) of the Southern Railways, from trespassing into the petitioner's properties or interfering with his possession. The petitioner states that the said suit was decreed in favour of the petitioner on 22.07.2019 and to his knowledge, the same attained finality. The petitioner states that when there was a subsequent threat of demolition, the petitioner submitted a representation to the 2nd respondent on 31.01.2025, and to the 1st respondent on 13.02.2025. As no action was taken on the petitioner's representation, the petitioner filed WP.SR.No.63159/2025, on 17.04.2025. During the pendency of

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the aforesaid writ petition, on 13.05.2025, the 4th respondent issued a notice for

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eviction by invoking Section 6 of the Tamil Nadu Land Encroachment Act, 1901. The petitioner thereafter submitted a representation on 14.05.2025, informing the 2nd respondent about the pendency of the aforesaid writ petition in WP.Sr.No.63519/2025. The petitioner further states that however, the respondents 2 and 4, along with the officials on 16.05.2025, without giving any notice or opportunity of hearing to the petitioner, demolished his shop. The petitioner therefore submitted a representation on 13.06.2025, to the respondents seeking preferential allotment of a shop in the proposed scheme of 24 hours Walking Plaza/ Pedestrian Plaza from Guindy Bridge to Chakrapani Road, along with facilities like walking and cycling tracks, dedicated sitting spaces, greenery and also an “Eat Street” etc. Since the petitioner's representation was not considered, the petitioner filed the above writ petition for

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the aforesaid relief.

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Heard both sides and perused the materials placed on records. With

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consent of both the learned counsels, the main writ petition is taken-up for final

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disposal.

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Under the facts and circumstances of the case, without delving into the

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merits of the matter, a direction is issued to the 2nd respondent to consider and

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pass order on the petitioner's representation dated 13.06.2025, on merits and in accordance with law, within a period of six (6) weeks, from the date of receipt of a copy of this order.

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Writ petition is accordingly disposed of. However, there shall be no order as to costs.

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dsn

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06-08-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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