Kannappan v. The Assistant Director For

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2018 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.A.Nos.1572 to 1585 of 2018 and C.M.P.Nos.12650 to 12677 of 2018 KANNAPPAN ... PETITIONER in WA No.1572 of 2018 S.JEBASINGH ... PETITIONER in WA No.1573 of 2018 CHANDRASEKARAN ... PETITIONER in WA No.1574 of 2018 CHANDRASEKARAN ... PETITIONER in WA No.1574 of 2018 RAJASEKAR ... PETITIONER in WA No.1575 of 2018 SAMPATHKUMAR ... PETITIONER in WA No.1576 of 2018 SUGUMAR ... PETITIONER in WA No.1577 of 2018 T.MOHAN ... PETITIONER in WA No.1578 of 2018 T.RAJENDRAN ... PETITIONER in WA No.1579 of 2018 S.K.PANNERSELVAM ... PETITIONER in WA No.1580 of 2018 K.PUNITHA ... PETITIONER in WA No.1581 of 2018 A.K.GANESAN ... PETITIONER in WA No.1582 of 2018 AJANTHA ... PETITIONER in WA No.1583 of 2018 AJANTHA ... PETITIONER in WA No.1584 of 2018 G. MANIYAN ... PETITIONER in WA No.1585 of 2018 Vs 1.The Assistant Director for Town Panchayat, O/o. of the Directorate of Town Panchayats, Coimbatore.

2.The Executive Officer, Sulur Town Panchayat, Sulur, Coimbatore District.

... Respondents PRAYER :

Writ Appeal as against the order passed in W.P.No.12690 to 12694 of 2018 and WP.12695 TO 12704 of 2018dated 04.07.2018. WP No.12690 to 12694 of 2018 Writ Petitions filed Under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus to calling for the records of the impugned order passed by the 2nd respondent in ref.No.Na.Ka.No. 150/2018/E dated 10.04.2018 and quash the same as illegal and suffers from non application of mind and consequently to permit

the petitioner to run the shop bearing Shop No. 1 to 5 (facing South) at Sulur Bus Stand Commercial Complex, Coimbatore till the expiry of the lease period 31.03.2020 WP No.12695 of 2018 calling for the records of the impugned order passed by the 2nd respondent in ref.No.Na.Ka.No. 150/2018/E dated 10.04.2018 and quash the same as illegal and suffers from non application of mind and consequently direct the respondents to permit the petitioner to run the shop bearing Shop No. 6 (facing South) at Sulur Bus Stand Commercial Complex, Coimbatore till the expiry of the lease period 31.03.2020 WP No.12696 of 2018 calling for the records of the impugned order passed by the 2nd respondent in ref.No.Na.Ka.No. 150/2018/E dated 10.04.

2018 and quash the same as illegal and suffers from non application of mind and consequently direct the respondents to permit the petitioner to run the shop bearing Shop No. 9 (facing South) at Sulur Bus Stand Commercial Complex, Coimbatore till the expiry of the lease period 31.03.2020 WP No.12697 of 2018 calling for the records of the impugned order passed by the 2nd respondent in ref.No.Na.Ka.No. 150/2018/E dated 10.04.2018 and quash the same as illegal and suffers from non application of mind and consequently direct the respondents to permit the petitioner to run the shop bearing Shop No.16 (facing North) at Sulur Bus Stand Commercial Complex, Coimbatore till the expiry of the lease period 31.03.2020 WP No.12698 of 2018 calling for the records of the impugned order passed by the 2nd respondent in ref.No.Na.Ka.No. 150/2018/E dated 16.

04.2018 and quash the same as illegal and suffers from non application of mind and consequently direct the respondents to permit the petitioner to run the shop at Sulur Bus Stand Commercial Complex Inner side South-North Street, Eastern part building and the shop is facing north, Coimbatore till the expiry of the lease period 31.03.2020 WP No.12699 of 2018 calling for the records of the impugned order passed by the 2nd respondent in ref.No.Na.Ka.No. 150/2018/E dated 10.04.2018 and quash the same as illegal and suffers from non application of mind and consequently direct the respondents to permit the petitioner to run the shop at vacant portion at the western side of Sulur Bus Stand, Coimbatore till the expiry of the lease period 31.03.

WP No.12700 of 2018 calling for the records of the impugned order passed by the 2nd respondent in ref.No.Na.Ka.No. 150/2018/E dated 10.04.2018 and quash the same as illegal and suffers from non application of mind and consequently direct the respondents to permit the petitioner to run the shop bearing Shop No.11 (facing South) at Sulur Bus Stand, Commercial Complex, Coimbatore till the expiry of the lease period 31.03.2019 WP No.12701 of 2018 calling for the records of the impugned order passed by the 2nd respondent in ref.No.Na.Ka.No. 150/2018/E dated 10.04.2018 and quash the same as illegal and suffers from non application of mind and consequently direct the respondents to permit the petitioner to run the shop bearing Shop No. 12 (facing North) at Sulur Bus Stand Commercial Complex, Coimbatore till the expiry of the lease period 31.03.

2019 WP No.12702 of 2018 calling for the records of the impugned order passed by the 2nd respondent in ref.No.Na.Ka.No. 150/2018/E dated 10.04.2018 and quash the same as illegal and suffers from non application of mind and consequently direct the respondents to permit the petitioner to run the shop bearing Shop No. 19 (facing North) at Sulur Bus Stand Commercial Complex, Coimbatore till the expiry of the lease period 31.03.2019 WP No.12703 of 2018 calling for the records of the impugned order passed by the 2nd respondent in ref.No.Na.Ka.No. 150/2018/E dated 10.04.2018 and quash the same as the same is illegal and suffers from non application of mind and consequently direct the respondents to permit the petitioner to run the shop bearing Shop No.

20 (facing North) at Sulur Bus Stand Commercial Complex, Coimbatore till the expiry of the lease period 31.03.2019 WP No.12704 of 2018 calling for the records of the impugned order passed by the 2nd respondent in ref.No.Na.Ka.No. 150/2018/E dated 10.04.2018 and quash the same as the same is illegal and suffers from non application of mind and consequently direct the respondents to permit the petitioner to run the Staircase Shop at Sulur Bus Stand Commercial Complex, Coimbatore till the expiry of the lease period 31.03.

For Appellants : Mr.R.Archana For Respondents : Mr.V.Vijay Shankar

J U D G M E N T

(Judgment of the Court was delivered by N.KIRUBAKARAN, J) The matters have been adjourned only to enable the appellants to get instruction as to the time required by the appellants to vacate the premises, since this Court already felt that there is no merit in the appeals filed by the appellants. 2.When the matters are called today, the learned counsel for the appellants would submit that the Executive Officer of Sulur Panchayat agreed to grant two months time to vacate the premises, If the appellants are ready to withdraw the Appeals. The said statement is recorded.

3.However, Mr.V.Vijay Shankar, learned counsel for the respondents would contend that he has got no instruction about the understanding reached between the appellants and the Executive Officer.

4.Since the appellants only seek permission to withdraw the appeals on the ground that two months' time is alleged to have been granted by the Executive Officer and the learned counsel for the appellants has also made an endorsement to permit him to withdraw the appeals, these appeals are liable to be dismissed as withdrawn.

5.It is open to Mr.V.Vijay Shankar, learned counsel for the respondents, to mention this matter if there is no such arrangement or even if there is an arrangement, the appellants do not vacate the premises and the time granted by the Executive Officer expires, this Court will pass appropriate orders. Accordingly, these Writ Appeals are dismissed as withdrawn. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sai

To 1.The Assistant Director for Town Panchayat, O/o. of the Directorate of Town Panchayats, Coimbatore.

2.The Executive Officer, Sulur Town Panchayat, Sulur, Coimbatore District.

+1cc to Mr.V.VIJAYSHANKAR, Advocate, S.R.No.53297 +1cc to Mr.V.SUBRAMANIAN, Advocate, S.R.No. 52101 W.A.Nos.1572 to 1585 of 2018 KAN(CO) TR(31/08/2018)