S.Ramesh Babu v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.04.2021 Coram THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.2406, 2407, 2408 of 2015 W.P.No.847, 848 of 2015 and W.P.No.28168, 28169, 28170 of 2015 and M.P.No.1,1,1,1,1,1,1,1 of 2015 S.Ramesh Babu ... Petitioner in W.P.2406 of 2015 A.P.Mohammed Nabeel ... Petitioner in W.P.2407 of 2015 V.S.Sunder ... Petitioner in W.P.2408 of 2015 N.Boopalan ... Petitioner in W.P.847 of 2015 S.Raguraman ... Petitioner in W.P.848 of 2015 W.P.No.28168 of 2015
1. P.V.Ramalingam
2. K.Chokkalingam
3. V.Ragupathy
4. C.Jayakumar
5. M.Govindhasamy
6. R.Mohammed Ali
7. I.Irfan Basha
8. A.Alli Rani
9. R.Ismail
10. R.D.Sekar ... Petitioners in W.P.No.28168 of 2015 W.P.No.28169 of 2015
1. P.K.Ahammed Moideen
2. P.M.Siddiq
3. D.Mohana Rangan
4. S. Shaik Mohammed
5. F. Bilal
6. K.Chokkalingam
7. F. Imdhath
8. P.Kaja Moideen
9. L.Akbar .. Petitioners in W.P.No.28169 of 2015 W.P.No.28170 of 2015
1. R.Subramani
2. R.Beem Singh
3. Anwar Basha
4. Noor Mohammed
5. Bilal Ahmed
6. P.Parimala
7. P.Siva
8. L.Akbar
9. H.Jakiriya
10. K.Akbar Basha
11. P.M. Siddiq ... Petitioners in W.P.No.28170 of 2015 Vs.
1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009.
2. The Director of Municipal Administration, Chennai 600 005.
3. The District Collector, Sathuvachari, Vellore District, Vellore.
4. The Commissioner, Corporation of Vellore, Vellore District, Vellore.
... Respondents in all writ petitions PRAYER in W.P.No.2406 of 2015: Writ petition filed under Section 226 of the Constitution of India to issue a Writ in the nature of Writ of Certiorari or any other appropriate writ, order or orders, direction, calling for the records relating to the impugned notice bearing Na/Ka.No.6479/2014/E1 dated 04.09.2014 on the file of the 4th respondent in respect of Shop No.G-6, G Block, situated at Nethaji Market, Vellore and quash the same.
PRAYER in W.P.No.2407 of 2015: Writ petition filed under Section 226 of the Constitution of India to issue a Writ in the nature of Writ of Certiorari or any other appropriate writ, order or orders, direction, calling for the records relating to the impugned notice bearing Na/Ka.No.6479/2014/E1 dated 04.09.2014 on the file of the 4th respondent in respect of Shop No.D-8, D Block, situated at Nethaji Market, Vellore and quash the same.
PRAYER in W.P.No.2408 of 2015: Writ petition filed under Section 226 of the Constitution of India to issue a Writ in the nature of Writ of Certiorari or any other appropriate writ, order or orders, direction, calling for the records relating to the impugned notice bearing Na/Ka.No.6479/2014/E1 dated 04.09.2014 on the file of the 4th respondent in respect of Shop No.D-9, D Block, situated at Nethaji Market, Vellore and quash the same.
PRAYER in W.P.No. 847 of 2015: Writ petition filed under Section 226 of the Constitution of India to issue a Writ in the nature of Writ of Certiorari or any other appropriate writ, order or orders, direction, calling for the records relating to the impugned notice bearing Na/Ka.No.6479/2014/E1
dated 04.09.2014 on the file of the 4th respondent in respect of Shop No.53, F Block, situated at Nethaji Market, Vellore and quash the same.
PRAYER in W.P.No.848 of 2015: Writ petition filed under Section 226 of the Constitution of India to issue a Writ in the nature of Writ of Certiorari or any other appropriate writ, order or orders, direction, calling for the records relating to the impugned notice bearing Na/Ka.No.6479/2014/E1 dated 04.09.2014 on the file of the 4th respondent in respect of Shop No.D-31, D Block, situated at Nethaji Market, Vellore and quash the same.
PRAYER in W.P.No.28168 of 2015: Writ petition filed under Section 226 of the Constitution of India to issue a Writ in the nature of Writ of Certiorari or any other appropriate writ, order or orders, direction, calling for the records relating to the impugned notice bearing Na/Ka.No.6479/2014/E1 dated 04.09.2014 on the file of the 4th respondent in respect of Shop No.14 in D Block, Shop No.34 in B Block an Shop Nos.29,32, 37, 114, 24, 11, 1 and 5 in D Block, situated at Nethaji Market, Vellore and quash the same.
PRAYER in W.P.No.28169 of 2015: Writ petition filed under Section 226 of the Constitution of India to issue a Writ in the nature of Writ of Certiorari or any other appropriate writ, order or orders, direction, calling for the records relating to the impugned notice bearing Na/Ka.No.6479/2014/E1 dated 04.09.2014 on the file of the 4th respondent in respect of Shop Nos.19 in A Block, Shop No.2 and 47 in B Block, Shop No.109 in E Block, Shop No.93 in F Block, Shop No.35 in B Block, Shop No.95 in F Block, Shop No.20 in A Block and Shop No.16 in C Block situated at Nethaji Market, Vellore and quash the same.
PRAYER in W.P.No.28170 of 2015: Writ petition filed under Section 226 of the Constitution of India to issue a Writ in the nature of Writ of Certiorari or any other appropriate writ, order or orders, direction, calling for the records relating to the impugned notice bearing Na/Ka.No.6479/2014/E1 dated 04.09.2014 on the file of the 4th respondent in respect of shop Nos.48, 57, 21, 25, 31, 32, 33, 46, 6, 2 and 4 in C Block, situated at Nethaji Market, Vellore and quash the same. In all writ petitions For Petitioner : Mr.D.Kamatchi For respondents : Mr.D.Suryanarayan, Gov. Advocate for R1 to R3 Mr.Silambanan, Senior Counsel for Ms.P.Shanthi for R4
COMMON ORDER These writ petitions have filed to quash the impugned notice issued by the 4th respondent dated 04.09.2014, wherein, the petitioners are asked to vacate their respective shops within three days from the date of receipt of the notice.
2. At the time of admission, status-quo order has been passed and the same is still in force. Today, this matter is taken for final disposal.
3. The learned counsel appearing for the respondent/ Corporation submitted that the Municipal authority have obtained permission from the Archology Department and as of now, there is no proposal for construction of new building in the campus, which is subject matter of the writ petitions. He further submitted that, now the respondents are not proceeded with the impugned notice dated 04.09.2014 for evicting the petitioners from their respective shops.
4. Inview of the submission made by the learned counsel appearing for the respondents, further adjudication is not required in these writ petitions. Accordingly, all the writ petitions are dismissed.
No costs.
Connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar mst To
1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009.
2. The Director of Municipal Administration, Chennai 600 005.
3. The District Collector, Sathuvachari, Vellore District, Vellore.
4. The Commissioner, Corporation of Vellore, Vellore District, Vellore.
+2cc to Ms.D.Kamatchi, Advocate SR.No.24044 +1cc to Ms.Shanthi, Advocate SR.No.23823 +1cc to Government Pleader SR.No.24008 W.P.No.2406, 2407, 2408 of 2015 W.P.No.847, 848 of 2015 and W.P.No.28168, 28169, 28170 of 2015 and M.P.No.1,1,1,1,1,1,1,1 of 2015 BSI(CO) GMY(30/06/2021)