Tmt.M.Durdana v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2025
CORAM:
THE HON'BLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P. Nos.1571, 1575, 1576, 1578, 1583 and 1585 of 2025 In W.P. No.1571 of 2025 M. Durdana ...
Petitioner
Versus
1.The Commissioner, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
2.The Senior Revenue Officer, Revenue Department, Zone-V, Greater Chennai Corporation, Chennai - 600 003.
3.The Licensing Authority, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
...
Respondents Prayer in W.P. No.1571 of 2025 : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the third respondent to take on the basis of communication bearing No.M.A.A.5.VA.THU.NA.KA No.R1/005729/2023 dated 27.11.2024 issued by the Public Information Officer & Senior Revenue Officer, Revenue Dept, Zone-V, Greater Chennai Corporation in respect of the shop 1/5
premises bearing shop No.B-12, Block 'B' in Mezzanine floor, Nawab Habibullah Electronic Market situated in Wallers Road, Mount Road, Chennai - 600 002.
For Petitioner in all W.P.s :
Mr.L. Dhamodharan For Respondents in all W.P.s :
Mr.S. Gopinathan Standing Counsel for R1 to R3 Ms. N. Rabiya for R4 COMMON ORDER Since the issue involved in all these writ petitions, is one and the same, these writ petitions are disposed of by way of a common order.
2. These writ petitions have been filed for Mandamus seeking for a direction to direct the third respondent to take action on the basis of communication, dated 27.11.2024 issued by the Public Information Officer & Senior Revenue Officer, Revenue Dept, Zone-V, Greater Chennai Corporation in respect of respective shop premises at Block 'B' Ground Floor, Nawab Habibullah Electronic Market situated in Wallers Road, Mount Road, Chennai - 600 002.
3. Learned counsel for the petitioner submitted that the petitioner in all these Writ Petitions is the owner of the respective shop premises situated at Block 'B', Ground Floor, Nawab Habibullah Electronic Market, Old No.33, New No.24/32, Wallers Road, Mount Road, Chennai-600 002. 2/5
The said shop premises were let out to the fourth respondent in respective Writ Petitions, by way of a Lease Deed, which are various dated and the same are mentioned in the affidavits filed in support of these writ petitions. The fourth respondent has sub-let the shop premises and the same are occupied by the strangers. The petitioner has invoked the provision of Tamil Nadu Regulation of Rights and Responsibility of Landlord and Tenants Act, 2017 to secure the possession of the respective shop premises in accordance with law. The petitioner has submitted an application under RTI and sought for details of information on the issue of License for her shop. The petitioner was not furnished with information resulted in approaching all the forums to ventilate her grievance under the RTI proviso.
4. Learned counsel for the petitioner would further submitted that State Information Commission directed the Public Information Official to furnish the information. Pursuant to which, the Public Information Official has furnished a Communication, dated 27.11.2024 to the petitioner stating that "the Corporation has not issued any license". Based on the Communication, dated 27.11.2024, the petitioner has knocked the doors of this Court, by way of filing these writ petitions with the aforesaid prayer. 3/5
5. Learned Standing Counsel appearing for the respondents 1 to 3 would submit that a detailed enquiry will be conducted by respondents 1 to 3 and appropriate orders will be passed on merits, in accordance with law within a time frame to be fixed by this Court.
6. Heard the learned counsel on either side and perused the materials available on record.
7. Without going into the merits of the case, the third respondent is directed to conduct a detailed enquiry after giving due notice to the petitioner and the respective fourth respondent in all these Writ Petitions, as well as after providing an opportunity of personal hearing, pursuant to the Communication, dated 27.11.2024 furnished by the Public Information Official to the petitioner and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
8. With the aforesaid directions, these writ petitions are disposed of. No costs 25.02.2025 Index : Yes / No Internet : Yes / No vsi2 4/5
J.SATHYA NARAYANA PRASAD , J.
vsi2 To 1.The Commissioner, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
2.The Senior Revenue Officer, Revenue Department, Zone-V, Greater Chennai Corporation, Chennai - 600 003.
3.The Licensing Authority, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
W.P. Nos.1571, 1575, 1576, 1578, 1583 and 1585 of 2025 25.02.2025 5/5