P.Ravishankar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR & W.M.P.No.1036 of 2023 P.Ravi Shankar

...Petitioner

Vs.

1.The Commissioner Pollachi Municipality Pollachi 2.The Revenue Officer O/o Pollachi Municipality Pollachi ... Respondents in both cases P R A Y E R: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified mandamus calling for the records on the file of the 2nd respondent in notice Na.Ka.No.8633/2022/A6 dated 23.12.2022 and quash the same as illegal and direct the respondents to not to evict the petitioner till the lease period end by 31.03.2024. For Petitioners : Mr.A.Thiagarajan Senior Counsel for Ms.A.Vinupradha For Respondents : Mr.B.Anand

O R D E R

The writ petition is filed to call for the records on the file of the 2nd respondent in notice Na.Ka.No.8633/2022/A6 dated 23.12.2022 and quash the same as illegal and direct the respondents to not to evict the petitioner till the lease period end by 31.03.2024.

2. It is the contention of the petitioner that he is one of the shop owner in the Thernilai Daily Trade Market situated in Ulunderpet road, Pollachi from the year 2015 by renewing the lease agreement once in three years. The petitioner was granted lease for the period of three years commencing from 01.04.2021 to 31.03.2024. The 2nd respondent has sent a notice in Na.Ka.No.8633/2022/A6 dated 23.12.2022 asking the owners of the shop to vacate and handover the vacant possession of the market within 7 days as they are going to demolish and reconstruct the market. It is his further contention that since the lease period is not over the petitioner prays for dropping the action of the Pollachi Municipality. Hence,the present Writ Petition.

3. Mr.B.Anand, learned counsel takes notice for the respondents and

submits that construction are to undertake and alternative place is also granted to the shop owners.

4. In such view of the matter, when the new projects are approved and new construction are necessary, the same cannot be stalled by the petitioner merely on the basis of lease. Since the alternative place is also granted, the petitioner cannot challenge the impugned order. At the most, after the construction of the shops, the petitioner shall be considered in prirority basis for allotment.

5. Accordingly, the Writ Petition is disposed of. No costs. Consequently, Connected Writ Miscellaneous Petition is closed. 19.01.2023 kpr Index:Yes/No Speaking/Non-speaking order N. SATHISH KUMAR, J.

kpr To 1.The Commissioner Pollachi Municipality Pollachi 2.The Revenue Officer O/o Pollachi Municipality Pollachi & W.M.P.No.1036 of 2023 19.01.2023