Devanampattinam Silver Beach v. The Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and M.P.No.1 of 2015 Devanampattinam Silver Beach Small Scale Vendors Welfare, Association, Rep., by its president, Mr.K.P.Parithivanan

...Petitioner

-Vs1.The Government of Tamilnadu, Represented by its Secretary, Department of Local Administration, Secretariate, Fort St. George, Chennai- 600 009.

2.The District Collector, Cuddalore District, Cuddalore.

3.The Commissioner, Cuddalore Municipality, Cuddalore District, Cuddalore.

1/6

4.Rajalakshmi.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, forbearing the 3rd respondent and 4th respondent from collecting daily rent from the petitioner Association members for the 75 shops located in Silver Beach Area Devanampattinam, Cuddalore District and to consider the representation of the petitioner's Association dated 01.04.2015 and secure the ends of justice.

For Petitioner :

Mr.R.Sankarasubbu For Respondents :

Mr.M.Rajendran Additional Government Pleader for R1 & R2 Mr.L.P.Mouriya, Standing Counsel for R3 Mr.R.Meenal R4

O R D E R

This writ petition has been filed seeking to forbear the 3rd respondent and 4th respondent from collecting daily rent from the petitioner Association members for the 75 shops located in Silver Beach Area 2/6

Devanampattinam, Cuddalore District and to consider the representation of the petitioner's Association dated 01.04.2015 2.The brief facts are as follows:

The Petitioner Association is a Registered one for 75 small scale vendors on the shores of Devanampattinam Silver Beach in Cuddalore Town, under the Tamil Nadu Societies Registration Act, 1975 (Reg No. 33/2009). In 2010 a decision was made by the Respondent to auction the right of collecting license fee, and the same was conducted on 25.03.2015, whereby the rights were acquired by the 4th Respondent for collection of daily rent from the vendors in the aforementioned sea shore's stalls. Aggrieved by this, the Petitioner has filed the present Writ.

3.Learned counsel for the petitioner would submit that this writ petition has been filed, to forebear the 3rd and 4th respondents from collecting the daily rent from the petitioner's Association comprising 75 member shops located in Silver Beach area, Devenampattinam, Cuddalore District. By 3/6

considering the petitioner's representation dated 01.04.2015. 4.Learned Standing Counsel appearing for the 3rd respondent submitted that no rent has been collected from the Petitioner's Association Members consisting of 75 member shops from 16.02.2018 after the expiry of the license period given to the 4th respondent. He further submitted that the vending committee has been constituted dated 11.11.2024. 5.Learned counsel appearing for the 4th respondent submitted that the license has been issued to the 4th respondent to collect the rent for a period for three years commencing from 15.02.2015 up to 15.02.2018 and thereafter the license was not renewed by the 3rd respondent.

6. Heard both sides and perused the materials available on record.

7. In view of the above submissions made by the learned counsel on 4/6

either side, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

21.02.2025 vsn Index : Yes / No Speaking / Non-Speaking Order To 1.The Government of Tamilnadu, Represented by its Secretary, Department of Local Administration, Secretariate, Fort St. George, Chennai- 600 009.

2.The District Collector, Cuddalore District, Cuddalore.

3.The Commissioner, Cuddalore Municipality, Cuddalore District, Cuddalore.

5/6

J.SATHYA NARAYANA PRASAD, J.

vsn and M.P.No.1 of 2015 21.02.2025 6/6