Madras High CourtWP/12870/2023disposed of

K.Govindharaj v. The Commissioner

2023-04-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.12870 of 2023 Mr.K.Govindharaj Petitioner vs.

1.The Commissioner, Greater Chennai Corporation Ripon Building, Chennai - 600 003.

2.The District Revenue Officer, Revenue Department, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to allot a shop to the petitioner in Mullai Nagar Shopping Complex, 15th Street, Ashok Nagar, Chennai600 083, based on the representation of the petitioner dated 20.12.2022. For Petitioner : Mr.D.Ashok Kumar For Respondents : Mrs.P.T.Ramadevi Standing Counsel for R1

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to allot a shop to the petitioner in Mullai Nagar Shopping Complex, 15th

Street, Ashok Nagar, Chennai-600 083, based on the representation made by the petitioner on 20.12.2022.

2.Heard Mr.D.Ashok Kumar, learned counsel appearing on behalf of the petitioner and Mrs.P.T.Ramadevi, learned Standing appearing on behalf of the 1st respondent.

3.The grievance of the petitioner is that there are some vacant shops in the Mullai Nagar Shopping Complex and petitioner made a representation requesting for allotting one such shop and since the representation was not considered, the present writ petition has been filed before this Court. 4.The learned Standing Counsel appearing on behalf of the Corporation submitted that there are totally twenty shops in the complex and all the twenty shops have been occupied. The learned counsel further submitted that the shops were allotted after calling for a public auction.

5.In the considered view of this Court, if the available shops have already been allotted after calling for a public auction, there is no scope for allotment of any shop to the petitioner at present. If any shop is vacated or not occupied in future, it will always be left open to the Corporation to call for the public auction and the petitioner

can very well participate in the auction and seek for allotment of the shop. Except giving this clarity, no further orders can be passed in this writ petition. 6.This writ petition is disposed of accordingly. No Costs. 27.04.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The Commissioner, Greater Chennai Corporation Ripon Building, Chennai - 600 003.

2.The District Revenue Officer, Revenue Department, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

N. ANAND VENKATESH, J.

ssr W.P No.12870 of 2023 27.04.2023