Madras High CourtWP/16234/2008disposed of with direction

Mrs.Rukmani Radhakrishnan v. Neyveli Lignite Corporation

2025-09-24Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.29574 and 29577 of 2019 Rukmani Radhakrishnan ... Petitioner in both the W.Ps.

Vs.

1.Neyveli Lignite Corporation Limited, Represented by its Chief General Manager/ Township Administrator, Township Administrative Office, Block - 10, Neyveli.

2.The Estate Officer, Block - 10, Township Administrative Office, Neyveli Lignite Corporation Limited, Neyveli.

... Respondents in both the W.Ps.

Prayer in W.P.No.16234 of 2008:

Prayer in W.P.No.29681 of 2019:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the first respondent relating to the impugned order dated 11.09.2015 bearing ref.Lr.No.TA/ESII-2/2001/C/R20096/2015 and quash the same and consequently direct the respondents to regularize the trades and occupations of the petitioner in accordance with law. For Petitioner : Mr.T.Saikrishnan For Respondents : Mr.Nithyanandam C O M M O N O R D E R W.P.No.16234 of 2008 has been filed seeking issuance of Writ of Certiorarified Mandamus, calling for the records on the file of the first respondent relating to the impugned order dated 11.06.2008 bearing ref:Lr.No.TA/ES-II/2001/E2/R2-0096/2008 and quash the same and consequently regularize the premises of the petitioner as per the new additional guidelines.

2.W.P.No.29681 of 2019 has been filed seeking issuance of Writ of Certiorarified Mandamus, calling for the records on the file of the first respondent relating to the impugned order dated 11.09.2015 bearing ref.Lr.No.TA/ESII-2/2001/C/R20096/2015 and quash the 2/6

same and consequently direct the respondents to regularize the trades and occupations of the petitioner in accordance with law. 3.Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order. 4.The learned counsel appearing for the petitioner submitted that the petitioner applied for a non-residential building and was allotted the building occupied by M/s.Cuddalore Co-operative Milk Supply Union at Block No.27 vide order dated 18.10.1967, originally for the purpose of carrying on a tyre retreading business and thereafter on the petitioner's request the trade was changed to technical training and tutorial institute by order dated 05.05.1979. Thereafter, the petitioner's licence was cancelled and on 26.04.

2004 an inspection was conducted, pursuant to which, the electricity connection was disconnected and an order dated 01.06.2004 was served on the petitioner and challenging the said order, the petitioner filed W.P.No.15939 of 2004 and pursuant to the order of this Court dated 10.03.2008 in the said writ petition, the order impugned in W.P.No.16234 of 2008 was issued in and by which the respondents demanded a sum of Rs.4,83,378/- as arrears of rent.

respondent issued the order impugned in W.P.No.29681 of 2019 directing the petitioner to vacate the premises. 5.The learned counsel appearing for the petitioner further submitted that this Court while entertaining W.P.No.16234 of 2008 directed the petitioner to pay 75% of the amount demanded by the respondent and the petitioner complied with the same. Subsequently, the petitioner also paid the balance 25% of the amount. The learned counsel further submitted that the petitioner is ready to comply with all the conditions imposed in the impugned order and hence, this Court may permit the petitioner to pay arrears, if any, and upon rectification of the defects, the respondents may be directed to consider the petitioner's renewal application and to pass appropriate orders. 6.The learned counsel appearing for the respondents submitted that if the petitioner rectify all the defects pointed out in the impugned order and if there is no arrears pending, after clearance of arrears, the petitioner's petition will be entertained and appropriate orders will be passed.

7.In view of the above, the petitioner is permitted to pay the 4/6

entire arrears, if any, and to rectify all the defects pointed out in the impugned order, within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the petitioner is directed to make application for regularisation of licence. If the petitioner comply with all the conditions, the petitioner's application for regularisation of licence shall be entertained by the respondents and appropriate orders shall be passed, within a period of three weeks thereafter. Till such time, the respondents are directed to not to take any coercive steps as against the petitioner.

8.It is represented that the petitioner was allotted 3228 sq.ft. If it is found that the petitioner has encroached more than the allotted 3228 sq.ft., liberty is granted to the respondents to remove the encroachment made by the petitioner, except the allotted 3228 sq.ft., by due process of law.

9.The writ petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 24.09.2025 pri Index: Yes/ No 5/6

Speaking Order: Yes/ No NCC: Yes/ No M.DHANDAPANI,J.

pri To 1.Neyveli Lignite Corporation Limited, Represented by its Chief General Manager/ Township Administrator, Township Administrative Office, Block - 10, Neyveli.

2.The Estate Officer, Block - 10, Township Administrative Office, Neyveli Lignite Corporation Limited, Neyveli.

And W.M.P.Nos.29574 and 29577 of 2019 24.09.2025 6/6

7/6