M.Duradana v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.5855 of 2025 M.Durdana ... Petitioner Vs.
1.The Commissioner, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
2.The Senior Revenue Officer, Revenue Department, Zone-V, Greater Chennai Corporation, Chennai - 600 003.
3.The Licensing Authority, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
4.Nimba Ram ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the third respondent to take action on the basis of communication bearing No.M.A.5.VA.THU.NA.KA No.R1/005814/2023 dated 27.11.2024 issued by the Public Information Officer & Senior Revenue Officer, Revenue Dept, Page No.1 of 7
Zone-V, Greater Chennai Corporation in respect of the shop premises bearing shop No.B-16, Block 'B' in Mezzanine floor, Nawab Habibullah Electronic Market situated in Wallers Road, Mount Road, Chennai - 600 002. For Petitioner :
Mr.L.Dhamodharan For Respondents 1 to 3 :
M/s.P.T.Ramadevi, Standing Counsel
O R D E R
The petitioner has filed this petition seeking to direct the third respondent to take action on the basis of communication bearing No.M.A.5.VA.THU.NA.KA No.R1/005814/2023 dated 27.11.2024 issued by the Public Information Officer & Senior Revenue Officer, Revenue Dept, Zone-V, Greater Chennai Corporation in respect of the shop premises bearing shop No.B-16, Block 'B' in Mezzanine floor, Nawab Habibullah Electronic Market situated in Wallers Road, Mount Road, Chennai - 600 002.
2. Since no adverse order is being passed, this writ petition is taken up for final hearing.
3. Learned counsel for the petitioner submitted that the petitioner is the Page No.2 of 7
owner of the shop premises situated at shop No.16 in Block 'B', Ground floor, Nawab Habibullah Electronic Market situated in Old No.33, New No.24/32, Wallers Road, Mount Road, Chennai-600 002. The said shop premise was let out to the fourth respondent by a Deed of Lease dated 15-04-2016. The fourth respondent has sub-let the shop premise and the same is occupied by the strangers. The petitioner has invoked the provision of Tamil Nadu Regulation of Rights and Responsibility of Landlord and Tenants Act, 2017 to secure the possession of the shop premises in accordance with law. The petitioner has submitted an application under RTI and sought for details of information on the issue of License for her shop. The petitioner was not furnished with information resulted in approaching all the forums to ventilate her grievance under the RTI proviso.
4. Learned counsel for the petitioner would further submitted that State Information Commission directed the Public Information Official to furnish the information. The public information official furnished a communication by letter dated 27.11.2024 to the petitioner stating that "the Corporation has not issued any license". Hence, the petitioner has approached this Court by Page No.3 of 7
filing the present writ petition to direct the third respondent to take action on the basis of the communication dated 27.11.2024.
5. Learned standing counsel appearing for the respondents 1 to 3 would submit that a detailed enquiry will be conducted by respondents 1 to 3 and appropriate orders will be passed on merits, in accordance with law within a time frame to be fixed by this Court.
6. Heard the learned counsel on either side and perused the materials available on record.
7. Without going into the merits of the case, the third respondent is directed to conduct a detailed enquiry after giving due notice to the petitioner and the fourth respondent, affording an opportunity of personal hearing, to take into consideration the communication furnished by the Public Information Officials by letter dated 02.11.2024 to the petitioner and pass appropriate orders on merits, in accordance Page No.4 of 7
with law thereby following the above principles of natural justice within a period of six weeks from the date of receipt of a copy of this order.
8. This writ petition is disposed of with the aforesaid observation and direction. No costs.
20.02.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Commissioner, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
2.The Senior Revenue Officer, Revenue Department, Zone-V, Greater Chennai Corporation, Chennai - 600 003.
Page No.5 of 7
3.The Licensing Authority, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
J.SATHYA NARAYANA PRASAD,J.
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