Sri Perumal Women Self Help v. The Joint Director/ Project
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2018
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.4981 & 5321 of 2013 & MP.No.1 of 2013 in W.P.No.4981 of 2013 & MP.Nos.1 & 2 of 2013 in W.P.No.5321 of 2013 Sri Perumal Women Self Help Group rep. by its Organizer, Kolandayee, No.15/120, Okilipatti, O.Rajapalayam Village & Post, Tiruchengode Taluk, Namakkal District. ..Petitioner in W.P.No.4981/2013 Thirumagal Women Self Help Group, Rep. by its Organizer, N.Indirani, No.4/38, Mudalapalayam, Moolasi Post, Tiruchengode Taluk, Namakkal District ..Petitioner in W.P.No.5321/2013 Vs.
1.The Joint Director/Project Officer, Women Welfare Scheme, Collectorate, Namakkal.
2.The Block Development Officer, (Village Panchayat) Tiruchengode, Namakkal District. .. Respondents in both Wps. PRAYER: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the entire records relating to the impugned order passed by the second respondent in his proceedings Na.Ka.No.1366/2009/Thi4 and 1386/2009/Thi.4 dated 18.02.2013 and quash the same(Prayer in both Wps).
For Petitioner (in both Wps) : Mr.C.Prakasam For Respondents(in both Wps) : Mr.B.Anand, G.A.
O R D E R
Heard Mr.C.Prakasam, learned counsel for the petitioners and Mr.B.Anand, learned Government Advocate, who accepts notice on behalf of the respondents and perused the materials available on record.
2.The petitioners were allotted Shop Nos.1 and 8 in Poomalai Additional Commercial Complex at Tiruchengodu on the basis of rental agreement. The impugned orders came to be passed on the ground that the petitioners in violation of the auction conditions have sub-let the shops to the third parties and are selling the Tobaco products, which have been banned. 3.The learned counsel for the petitioners has submitted that the allegations of sub-lease and selling of prohibited goods have not been established by the respondents and the impugned orders have been passed in violation of principles of natural justice.
4.Per contra, the learned Government Advocate has submitted that the Project Officer of Namakkal Women Self Employment Scheme has conducted an inspection on 21.12.2012 and based on her report dated 27.12.2012 & 18.02.2013, the impugned orders have been passed. It is further submitted that subsequent to the filing of the writ petition, both the petitioners have failed to pay the agreed rent of Rs.2500/- per month. 5.Considering the above facts, I find no reason to quash the orders impugned in these writ petitions and hence, the writ petitions fail and therefore, dismissed.
No costs.
Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dn
To 1.The Joint Director/Project Officer, Women Welfare Scheme, Collectorate, Namakkal.
2.The Block Development Officer, (Village Panchayat) Tiruchengode, Namakkal District.
+ 2 ccs to Mr. C. Prakasam, Advocate Sr.46428, 46430 + 1 cc to Mr. Government Pleader Sr.46545, 46546 W.P.Nos.4981 & 5321 of 2013 BS(CO) EU(03/08/2018)