← Library
Madras High CourtWP/15970/2025disposed of

T.S.Sasikumar S Sri Vijay v. The Commissioner

2025-07-02Honourable Mrs.Justice N. Mala8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA and WMP.No.18067 of T.S.Sasikumar @ S.Sri Vijay, S/o.T.Selvamani, No.3, Rajamuthaiah Road, Near Nehru Stadium, Perimet, Chennai 600 003.

Petitioner(s) Vs 1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 003.

2.The Deputy Commissioner Revenue and Finance, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

3.The Assistant Revenue Officer, Revenue Department, Zonal Office - 5, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai 600 021.

Respondent(s) 1/7

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing respondents 1 to 3 consider and act upon the petitioner's representation dated 25.03.2025 and provide basic amenities like working drainage, toilets, water supply, electricity, daily maintenance security, remove illegal encroachments in and around, common lighting car and two wheeler parking at Allikulam shopping complex within the time frame fixed by this Court and pass such further orders.

For Petitioner:

Mr.K.Seetharam For Respondents:

Mr.S.Gopinathan, Standing Counsel

ORDER

This writ petition is filed for a Writ of Mandamus, directing respondents 1 to 3, to consider and act upon the petitioner's representation dated 25.03.2025, and provide basic amenities like working drainage, toilets, water supply, electricity, daily maintenance security, remove illegal encroachments in and around, common lighting, car and two wheeler parking at Allikulam shopping complex within the time frame fixed by this Court.

2. The petitioner, a fifth-generation businessman from a family engaged in general business for over 150 years, was originally operating from the iconic 2/7

Moore Market, which was destroyed in a fire in 1985. In response, the Tamil Nadu Government and the Chennai Corporation built the Allikulam Shopping Complex in 1997-1998, and allotted shops to the petitioner's family and other Moore Market traders. Unlike the spacious Moore Market, Allikulam was a four-storied building with cramped spaces and lacked essential amenities. Over time, hawkers were allotted spaces around the complex, which were sublet to encroachers, turning the area into a hub for anti-social activity. This resulted in the collapse of business, especially in the upper floors. In 2012, the 3rd and 4th floors were taken over for government offices and courts. Despite repeated requests, the respondents failed to improve the facilities or remove encroachments, but continued to demand increased rent. The petitioner submitted a representation on 25.03.2025, which was not acted upon, leading to the present writ petition.

3. Learned counsel appearing for the petitioner submits that the respondents have failed in their statutory and moral duty to maintain the Allikulam Shopping Complex in a manner conducive to trade and business. 3/7

Despite numerous representations, no steps were taken to remove encroachments or to provide basic amenities like toilets, water, lighting, drainage, lifts, parking, or security. The continued inaction, along with unjustified rent demands, has severely affected the livelihood of the petitioner and other traders. He asserts that the non-consideration of his representation dated 25.03.2025 is arbitrary, unreasonable, and in violation of natural justice, warranting the interference of this Court through a writ of mandamus.

4. Learned Standing Counsel appearing for the respondents would submit that the representation of the petitioner dated 25.03.2025, would be considered on merits, in accordance with law, within a time frame stipulated by this Court.

5. Heard both sides and perused the materials available on record.

6. In view of the aforesaid facts and under the circumstances of the case, without going into the merits of the case, the second respondent is directed to consider the representation of the petitioner dated 25.03.2025, after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, taking into consideration all the relevant 4/7

documents submitted by the petitioner in regard to the subject matter properties and pass appropriate orders on merits, in accordance with law, within a period of three months from the date of receipt of a copy of this order.

7. In the result, the writ petition stands disposed of with the above observations and direction. No costs. Consequently, connected miscellaneous petition is closed.

02.07.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl 5/7

To 1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 003.

2.The Deputy Commissioner Revenue and Finance, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

3.The Assistant Revenue Officer, Revenue Department, Zonal Office - 5, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai 600 021.

6/7

N.MALA, J.

mtl W.P.No.15970 of 2025 and W.M.P.No.18067 of 2025 02.07.2025 7/7

8/7