The Arakkonam Market All Merchants Association v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.651 of 2023 The Arakkonam Market All Merchants Association Reg.No.34/1987 Rep. by its Secretary, A.Abdul Kadhar, S/o.Y.Abbas No.58/36, Mosque Street Arakkonam - 631001 Ranipet District.
.. Appellant Vs 1 The State of Tamil Nadu Rep. by its Additional Chief Secretary to Government Municipal Administration and Water Supply Department Fort St.George, Chennai - 600009.
2 The Director of Municipal Administration MRC Nagar, Raja Annamalaipuram Chennai - 600 006.
3 The Arakkonam Municipality Rep. by its Commissioner Arakkonam, Ranipet District.
4 The Arakkonam Municipal Council Rep. by its Chairman Arakkonam Municipality, Arakkonam Ranipet District.
.. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 11.1.2023 passed by the learned Single Judge in W.P.No.35018 of 2022.
For the Appellant : Mr.C.Prakasam For the Respondents : Mr.K.M.D.Muhilan Addl. Government Pleader
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice) This appeal is directed against the order dated 11.1.2023 passed by the learned Single Judge in W.P.No.35018 of 2022, whereby the members of the appellant association were permitted to remain in the shops till 31.3.2023 and thereafter vacate and handover the possession to the respondent/Municipality.
2. Mr.C.Prakasam, learned counsel appearing on behalf of the appellant association, submitted that most of the shop owners are Muslims and they are observing fasting from today (24.3.2023) on account of Ramzan and since the festival is to be celebrated on 22.4.2023, two months' time may be granted to the members of the
appellant association to make suitable alternate arrangements and vacate and handover the possession to the respondent/Municipality. Learned counsel for the appellant association has also filed an affidavit of undertaking dated 24.3.2023 to the effect that the members of the appellant association shall vacate the shops on or before 31.5.2023.
3. Placing on record the affidavit of undertaking dated 24.3.2023 filed by the appellant association, the writ appeal is disposed by granting the members of the appellant association time till 31.5.2023 to vacate and handover the possession to the respondent/Municipality. There will be no order as to costs. Consequently, C.M.P.No.6543 of 2023 is closed.
(T.R., ACJ.) (D.B.C., J.) 24.03.2023 Index :
No No sasi
To:
1 The Additional Chief Secretary to Government State of Tamil Nadu Municipal Administration and Water Supply Department Fort St.George, Chennai - 600009.
2 The Director of Municipal Administration MRC Nagar, Raja Annamalaipuram Chennai - 600 006.
3 The Commissioner Arakkonam Municipality Arakkonam, Ranipet District.
4 The Chairman Arakkonam Municipal Council Arakkonam Municipality, Arakkonam Ranipet District.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) W.A.No.651 of 2023 24.03.2023