Sengathir Mahalir Suyavuthavi Group v. Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2025
CORAM
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.Nos.15086 & 15087 of 2025 Sengathir Mahalir Suyavuthavi Group Rep. by its Member Mrs.Sridevi Petitioner(s) Vs 1.Managing Director, Tamilnadu Corporation for Development of Women Ltd Annai Therasa Mahalir Valagam, 1st Floor, Valluvar Kottam High Road, Nunbambakkam, Chennai-600 034 2.The District Collector, Thiruvallur District, Thiruvallur.
3.Project Director, Tamil Nadu State Rural Livelihoods
Mission, Thiruvallur District, Thiruvallur Respondent(s) PRAYER Writ Petition filed under Article 226 of Constitution of India to call for the records relating to the proceedings of the second respondent vide proceedings No.NA.KA.No.840/2023/M3/DSMS dated 03.01.2025 and quash the same and consequently, allow the petitioner to continue in Shop No.13, Poomalai Commercial Complex, Thiruvallur.
For Petitioner(s):
Mr.T.Muruganantham For Respondent(s):
Mr.M.Rajendiran Additional Government Pleader
ORDER
This petition has been filed to call for the records relating to the proceedings of the second respondent vide proceedings No.NA.KA.No.840/2023/M3/DSMS dated 03.01.2025 and quash the same and consequently, allow the petitioner to continue in Shop No.13, Poomalai Commercial Complex, Thiruvallur.
2. The learned counsel for the petitioner submitted that the petitioner, an agricultural labourer, joined the Sengathir Mahalir Suyavuthavi Group on the advice of her neighbours and became a member. He submitted that the group, registered with the relevant authorities, provided the petitioner with training in various programs, including bouquet-making, garland-making, and flower display.
3. The learned counsel further submitted that the petitioner and other group members saw an advertisement in newspapers for shop allotments on a rental basis at the Poomalai Commercial Complex and a meeting was organized, and it was decided to rent a shop in the petitioner's name to sell products made by group members. He submitted that a resolution was passed on 10.09.2024, authorizing the petitioner to apply for a shop in the group's name. 4.The learned counsel would further submit that the petitioner applied for a shop on a rental basis to the second respondent, mentioning her training in bouquet and garland making, as well as her membership in the Sengathir Mahalir Suyavuthavi Group and the application was considered, and the petitioner was
called for an interview. After satisfying themselves, the second respondent allotted Shop No.8 in the Poomalai Commercial Complex vide Na.Ka.No.840/2023/M3/DSMS dated 20.12.2024. However, later proceedings changed the shop allotment to Shop No. 13, with a rent of Rs.6,000/- per month and an advance amount of Rs.36,000/-. He would submit that the petitioner paid the advance and invested around Rs.1 lakh in setting up the shop. It is further submitted that the petitioner has been running the business, complying with the terms and conditions, and paying the rent without default.
5. The learned counsel also submits that the second respondent passed an order vide Na.Ka.No.840/2023/M3/DSMS dated 02.04.2025, asking the petitioner and other three shop allotees to vacate the shop due to administrative reasons. However, the petitioner received the notice on 04.04.2025, with a one week deadline to vacate. Aggrieved by the same, the petitioner filed the writ petition on 08.04.2025, and informed the authorities, but no further time was granted.
6. The learned Additional Government Pleader for the respondents, based on written instructions from the third respondent vide Na.Ka.
840/2023/M3/DSMS dated 15.04.2025, submitted that four shop allottees were directed to vacate due to administrative reasons, as per the order dated 02.04.2025, issued by the second respondent. Three shop allottees have already vacated, while the petitioner did not. He would submit that the three shops were vacated on 09.04.2025, and since the petitioner's shop was locked, it was broken open, and possession was taken over by the third respondent on 14.04.2025.
7. Heard the learned counsels on either side and have perused the materials available on record.
8.It is seen that there were four shop allottees directed to vacate their shops due to administrative reasons by the impugned order dated 02.04.2025. Out of these, three shops had already been vacated on 09.04.2025. The petitioner's shop was not vacated voluntarily; instead, the lock was broken, and possession was taken over by the third respondent on 14.04.2025.The petitioner paid Rs.36,000/- as an advance for Shop No.13, allotted via proceedings Na.Ka.No.840/2023/M3/DSMS dated 03.01.2025, and took possession on 16.01.2025. The third respondent is directed to refund the advance amount to the petitioner within four weeks from the date of receipt of a copy of this order, upon
production of the original receipt. Given the short tenure of occupancy (less than three months) from 16.01.2025 to 02.04.2025, the petitioner may be given priority in future allotments.
9. Accordingly, this Writ Petition stands disposed of. No Costs. Consequently, connected miscellaneous petitions are closed. 15.04.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Anu To 1.Managing Director, Tamilnadu Corporation for Development of Women Ltd Annai Therasa Mahalir Valagam, 1st Floor, Valluvar Kottam High Road, Nunbambakkam, Chennai-600 034 2.The District Collector, Thiruvallur District, Thiruvallur.
3.Project Director, Tamil Nadu State Rural Livelihoods Mission, Thiruvallur District, Thiruvallur
J.SATHYA NARAYANA PRASAD Anu and W.M.P.Nos.15086 & 15087 of 2025 15.04.2025