N.Nithyadasan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 4.1.2023

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR and M.P.No.1 of 2015 N.Nithyadasan ...

Petitioner Vs.

1 The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-3.

2 The District Revenue Officer Cum Zonal Officer, Zonal Office- 1 Corporation of Chennai, Tiruvottiyur, Chennai-19.

...

Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari Mandamus, to call for the records of the 2nd respondent in the Notice Va.Thu. Na.Ka. No.R2/03726/2015 dated 6.6.2015 quash the same and to forbear the respondents from in any way interfering with petitioner peaceful possession and enjoyment of Shop bearing No.936 Commercial Complex, Tiruvottiyur High Road, Tiruvottiyur, Chennai as the Lessee for commercial activities.

For Petitioner : Mr.T.Sellapandian for Mr.P.Anbarasan For Respondents : Mrs.P.Ramadevi ****** 1/4

O R D E R

Challenge in the writ petition is against the impugned order dated 6.5.2015 directing the petitioner to vacate the shop to make immediate repairs in the said property.

2. It is the contention of the learned counsel appearing for the petitioner that notice has been issued as if the shops were in dilapidated condition, whereas several shops are running in the ground floor, first and second floors. Recently, Tahsildar office is also very much functioning in the same complex. Therefore, very notice itself issued by the second respondent is malafide and the same is liable to be quashed.

3. The learned counsel appearing for the respondent Corporation submitted that the petitioner is in possession of the property and regularly paying rent to the Corporation and therefore, as long as the petitioner is paying rent regularly, they are not going to evict the petitioner.

4. Recording the said submission of the counsel appearing for the respondent Corporation, the writ petition is disposed of. No costs. Connected miscellaneous petition is closed.

4.1.2023 2/4

Speaking/Non Speaking order Index: Yes/No vaan To 1 The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-3. 2 The District Revenue Officer Cum Zonal Officer, Zonal Office- 1 Corporation of Chennai, Tiruvottiyur, Chennai-19. 3/4

N.SATHISH KUMAR, J.

vaan and M.P.No.1 of 2015 Dated: 4.1.2023 4/4