S.Rajendran v. Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2020
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.5017 of 2014 S.Rajendran ..Petitioner .Vs.
1. Commissioner Namakkal Municipality Namakkal, Namakkal District
2. The Town Planning Officer Namakkal Municipality Municipality Office Paramathi Road, Namakkal 637 001
3. The Divisional Engineer Tamil Nadu Electricity Board Gandhi Nagar Over Tank Road Namakkal, Namakkal District
4. The Conservation Assistant Commissioner Archaeology Survey of India DNHD Housing Board Commercial Complex Rajaram Nagar, 2nd Floor Salem - 7
5. Inspector of Police Town Police Station, Namakkal
6. S.Raja President Sourashtra Vibra Sabha 11, Dhooban Kumarasamy Street
7. C.Ganesh Devaraj Indu Bakery Thiruchengodu Road, Namakkal ..Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to dispose of petitioner's representation dated 4.2.2014.
For Petitioner : Mr.S.Gunaseelan, No Appearance For Respondents : Mr.S.M.Deenadayalan for R4 Mr.V.Shanmugasundar, Spl.GP for R5 Mr.R.Karthikeyan, for R6 Mr.C.Jagadish for R7 R1 to R3 served. No Apparance
ORDER
The petitioner has come up with this Writ Petition seeking a direction to the first respondent to dispose of his representation dated 4.2.2014.
2. Petitioner's father late R.Subbarayan has constructed a shop measuring 1063-1/2 sq.ft. and paying rent to the 6th respondent. His father was running a photo studio under the name and style Singapore Photo Studio in Namakkal for more than five decades and after the death of his father, his mother Mrs.Lakshi Ammal was running the studio. According to him, his mother was not able to run the photo studio due to her age and health condition and hence she has given a no objection letter to the Labour Department to change her name in the certificate of registration issued by them and name change was also effected in favour of the petitioner. He has also made changes in the Professional Tax Register based on the no objection letter.
3. While so, the 6th respondent, in order to evict the petitioner, the sixth respondent has entered into a rental agreement with the 7th respondent and attempted to evict the petitioner with the help of rowdy elements. Hence the petitioner has given a complaint to the Superintendent of Police, Namakkal District, but no action seemed to have been taken. Hence he has filed a suit in O.S. No.317 of 2013 before the District Munsif Court, Namakkal against the respondents 6 and 7 for a permanent injunction, not to evict him from the shop. It is his further submission that the respondents 6 and 7, with the help of henchmen, have stolen camera, printer, film developing instruments in the shop of the petitioner. Hence he has given a complaint to the 5th respondent on 21.09.2013 and the 5th respondent has not taken any action on his complaint.
Hence he has filed a private complaint before the learned Judicial Magistrate Court-I, Namakkal and the learned Judicial Magistrate No.1, Namakkal directed the fifth respondent to register an FIR and to submit a report. As there was no progress in the investigation, he has filed a petition in Crl.O.P. No.
2013 and this court passed an order on 14.11.2013 directing the 5th respondent to investigate expeditiously.
4. According to the petitioner respondents 6 and 7 are trying to demolish the shop in order to evict him. He further submitted that if the respondents 6 and 7 would succeed in their attempt, without getting any order from respondents 1 and 2, he would lose his business. Hence he has sent a representation to the respondents 1 to 4 on 4.2.2014 to prevent the respondents 6 and 7 from doing any illegal act of evicting him. As his representation was not considered and disposed of, he has approached this court with the above writ petition.
5. There is no representation for the respondents 1 and 2, even after passage of six years. There is no representation for the petitioner as well.
6. Hence, considering the facts and circumstances of the case and that no representation for the petitioner as well as the respondents, this Court, without expressing any opinion on the merits of the representation, directs the first respondent to consider petitioner's representations dated 04.02.2014, if not considered already, and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.
7. With the above directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To
1. Commissioner Namakkal Municipality Namakkal, Namakkal District
2. The Town Planning Officer Namakkal Municipality Municipality Office Paramathi Road, Namakkal 637 001
3. The Divisional Engineer Tamil Nadu Electricity Board Gandhi Nagar Over Tank Road Namakkal
4. The Conservation Assistant Commissioner Archaeology Survey of India DNHD Housing Board Commercial Complex Rajaram Nagar, 2nd Floor Salem - 7
5. Inspector of Police Town Police Station, Namakkal Namakkal District.
+1cc M/s.S.Gunaseelan, Advocate, Sr.No.32304 +1cc to Mr.S.M.Deena Dayalan, Advocate, Sr.No.32391 W.P.No.5017 of 2014 rt (co) rr ii (01/12/2020)