S.Selvaraj v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.1.2023

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR S.Selvaraj ...

Petitioner in both W.Ps.

Vs.

The Commissioner, Kallakurichi Municipality, Kallakurichi, Villupuram District.

...

Respondent in both W.Ps.

Prayer in W.P.No.11095 of 2015:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, to call for the records pertaining to proceedings in Na. Ka.No.A4/214/2015 dated 10.2.2015 on the file of the respondent and quash the same as illegal.

Prayer in W.P.No.14569 of 2015:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, to call for the records pertaining to proceedings in Na.Ka.No.A5/2296/2013 dated 20.04.2015 on the file of the respondent and quash the same as illegal.

For Petitioner : Mr.Senthur For Respondent : No appearance ****** 1/3

COMMON ORDER Issue involved in both writ petitions are that Cement godown run by the petitioner which sought to be vacated and shifted to some other place by the respondent Municipality and therefore, both writ petitions are heard together and disposed off by common order.

2. It is the contention of the petitioner that the petitioner was lawfully inducted as tenant and lease has been renewed periodically. The petitioner also produced copy of the lease deed. Though notice for eviction was issued in the year 2015, subsequently, the lease has been renewed on 30.6.2020 for further period of three years.

3. Such view of the matter, the respondent cannot take any action on the basis of the impugned notice dated 10.2.2015 and 20.04.2015.

4. With the above observations, the writ petitions stand disposed off. No costs.

24.1.2023 Speaking/Non Speaking order Index: Yes/No vaan To The Commissioner, Kallakurichi Municipality, Kallakurichi, Villupuram District. 2/3

N.SATHISH KUMAR, J.

vaan Dated: 24.1.2023 3/3