M.Durdana v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2025
CORAM
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD 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. H.J.Mohammed Hajali .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the third respondent to take action on the basis of communication Page No.1 of 6
bearing No.M.A.5.VA.THU.NA.KA No.R1/001500/2024 dated 27.11.2024 issued by the Public Information Officer & Senior Revenue Officer, Revenue Department, Zone - V, Greater Chennai Corporation in respect of the shop premises bearing at Shop No.B-13 in Block 'B', Mezzanine Floor, Nawab Habibulla Electronic Market situated in Old No.33, New No.24/32, Wallers Road, Mount Road, Chennai - 600 002.
For Petitioner : Mr.L.Dhamodharan For R1 to R3 : Mr.S.Gopinathan Standing Counsel
ORDER
By consent of both the parties, the Writ Petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed to direct the third respondent to take action on the basis of communication bearing No.M.A.5.VA.THU.NA.KA No.R1/001500/2024 dated 27.11.2024 issued by the Public Information Officer & Senior Revenue Officer, Revenue Department, Zone - V, Greater Chennai Corporation in respect of the shop premises bearing at Shop No.B13 in Block 'B', Mezzanine Floor, Nawab Habibulla Electronic Market Page No.2 of 6
situated in Old No.33, New No.24/32, Wallers Road, Mount Road, Chennai - 600 002.
3. According to the petitioner, he is the owner of the shop premises situated at shop No.13 in Block 'B.Mazzanine 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 4th respondent by a Deed of Lease dated 01.04.2014. The 4th respondent has sublet the shop premises, and the shop premises are occupied by the strangers. The petitioner has invoked the provision of Tamil Nadu Regulation of Rights and Responsibility of Landlords and Tenants Act 2017 to secure the possession of the shop premises in accordance with law.
4. The learned counsel appearing for the petitioner submitted that the petitioner has submitted an application under RTI and sought for details of information on the issue of a License for her shop. The petitioner was not furnished with information, which resulted in approaching all the forums to ventilate her grievance under the RTI proviso. The State Information Commission directed the Public Information Official to furnish the information. The Public Information Official furnished a communication by Page No.3 of 6
letter dated 27.11.2024 to the petitioner that there is no license that has been issued for the 4th respondent to carry on the business in the shop premise. Hence, the present writ petition is filed.
5. The learned standing counsel appearing for the respondents 1 to 3 submitted that a detailed enquiry will be conducted by respondents 1 to 3 and pass appropriate orders on merits, in accordance with law within a time frame stipulated by this Court.
6. Heard both sides 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 the petitioner as well as the fourth respondent, to take into consideration the communication furnished by the Public Information Official by letter dated 27.11.2024 to the petitioner and pass appropriate orders on merits, in accordance with law thereby following the above principles of natural justice within a period of six (6) weeks from the date of receipt of a copy of this order.
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8. In the result, the writ petition stands disposed of with the above observations and directions. No costs.
19.02.2025 Index : Yes/No.
Internet : Yes/No.
Speaking : Non-speaking Order kkd 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.
3.The Licensing Authority, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
J.SATHYA NARAYANA PRASAD, J.
kkd Page No.5 of 6
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