Thiru.C.Palani, 38 Years v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.36124, 36125 of 2015 & MP.Nos.1 to 1, 2 to 2 of 2015
1. C.Palani
2. M.Krishnaveni
3. N.Mangai
4. P.Arumugam
5. S.Suseela
6. P.Saraswathi
7. Balaji
8. P.Sankar
9. Manobai 10.Govindaraj 11.R.Padmapriya 12.C.Malliga 13.T.Kannan 14.R.Bashyam 15.R.Ganesan 16.K.Gandhimathi 17.A.Chinnaiya 18.N.Ramachandran 19.M.Subramanian 20.Alaiyamani 21.Paulraj 22.R.Kala 23.M.Ramadoss 24.R.Krishnan 25.R.Sundaramoorthy 26.N.Perumal 27.Padmavathi 28.S.Dhayalan 29.B.Seetha 30.Roopavathi Ammal 31.S.Muthu 32.Alaiyammal 33.V.Kumari 34.N.Mohan 35.N.Rajesh 36.C.Kamala
37.L.Prabu 38.S.Santhi 39.N.Kasthuri 40.S.Saraswathy 41.K.Yuvaraj 42.Amsa 43.R.Johnson 44.G.Kuppusamy 45.P.Ezhumalai 46.S.Vasu 47.S.Selvasundari 48.Sivagami 49.P.Soundarrajan 50.P.Sundara Ganesan 51.V.Anandhi 52.N.Hari Krishnan 53.P.Ravi 54.E.Nalini 55.G.Siva 56.Gaja 57.R.Santhi 58.C.Arumugam 59.N.Raji 60.M.Anandhan 61.K.Sreenivasan 62.Moovendhan @ Muthu 63.S.Easwaran 64.K.Krishnaveni 65.V.Srinivasulu 66.L.Sekar 67.R.Saraswathi 68.S.Kumar 69.R.Shanmugam 70.M.Thiripurasundari 71.R.Devi .. Petitioners in WP.36124/15
1. A.R.Murugesan
2. M.Lakshmi
3. M.Sathiyavani
4. R.Sasikumar
5. B.Krishnan
6. L.R.Kumar @ Ramakrishnan
7. A.Durai
8. K.M.Selvam
9. Sivapoosanam 10.E.Shenbagam 11.S.Kannamma 12.K.Veeramani 13.M.Ravichandran 14.Yasodha .. Petitioners in WP.36125/15 Vs 1 The Chairman, Implementation Committee, Corporation of Chennai, Chennai.
2 The Zonal Officer, Zonal Division No.10, No.117, N.S.K. Salai, Kodambakkam, Chennai-24.
.. Respondents in both WPs Common Prayer :
Writ petitions filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari, calling for the records from the file of the 1st respondents order in Proceedings No.H.Z.I.C.C.No.101/2015 dated 27.7.2015 and quash the same.
For Petitioners : Mr.V.Ragavachari in both WPs for M/s.B.S.G. Firm For Respondents : Mr.P.V.Selvakumar in both WPs COMMON ORDER Heard Mr.V.Raghavachari, learned counsel appearing for the petitioners in the above writ petitions and Mr.P.V.Selvakumar, learned Standing Counsel accepting notice for the respondents and with their consent, the writ petitions are taken up for final disposal.
The petitioners are all traders who have been allotted shops in the Pondy Bazaar Market complex. It appears that there were certain violations committed by the petitioners and the Corporation of Chennai issued a show cause notice on 09.05.2015, calling upon them to remedy the breach. The allegation was that
persons who have got allotment in the ground floor, were dealing in perishable goods. The case of the respondent/Corporation is that in spite of of the said notice, there was no improvement and the petitioners did not remedy the breach. In certain shops, no business were carried on for a very long time though the allotment was made. These allotments were cancelled by the communication dated 25.05.2015.
Once again, by another communication dated 25.05.2015, the Zonal Officer-X, was directed to issue an order directing the Hawkers whose shop numbers have been given in the order of the Honourable Committee dated 27.07.2015 dealing with different kind of trade to comply with the original order of allotment within ten days from the service of the notice. Some of the petitioners / Hawkers have refused to receive the notice and therefore, the authorities affixed the said notice, granting seven days time. The respondent/Corporation stated that in spite of the notice, they did not remedy the breach and continued to deal with the same articles. A second inspection was made on 22.06.2015 and further time of ten days was granted and the said period expired on 03.07.2015. Thus, the Corporation of Chennai stated that in spite of sufficient opportunity having been granted to the petitioners, they have not rectified the defects pointed out and certain petitioners were adamant and refused to receive even the show cause notice.
Considering all these aspects, the Committee, left with no other option, has cancelled the allotment. The petitioners now seek to challenge the order passed by the Honourable Committee dated 27.07.2015. On a perusal of the impugned order and the findings rendered by the Honourable Committee, this Court is not inclined to quash the order. If in the order of allotment, the petitioners have been directed to carry on a particular trade, they are bound by the order of allotment. Therefore, they have to first undertake before the authorities that they will comply with the conditions stated in the order of allotment. Without that, no indulgence can be granted to the petitioners. That apart, it has been stated by the Corporation of Chennai that some of them even refused to receive the show cause notices. If that is the case, then the conduct of the allottees has to be deprecated.
In any event, the petitioners, being small hawkers and vendors, this Court is inclined to grant them one more opportunity by approaching the Honourable Committee and give a solemn undertaking that they will abide by the terms of allotment. If such representation is given within the time
permitted by this Court, the Honourable Committee may consider the same and proceed in accordance with law.
The petitioners are directed to submit representations in this regard within a period of ten days from the date of receipt of a copy of this order and the Honourable Committee may consider the same and pass appropriate orders in accordance with law. Till the representations are considered and orders are passed by the Honourable Committee, the status quo which is prevailing as on today, shall be maintained.
The writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) True Copy Sub Assistant Registrar To 1 The Chairman, Implementation Committee, Corporation of Chennai, Chennai.
2 The Zonal Officer, Zonal Division No.10, No.117, N.S.K. Salai, Kodambakkam, Chennai-24.
+4cc to M/S.B.S.G.Firm, Advocate Sr.61523,61524 +2cc to Mr.P.V.Selvakumar, Advocate Sr.61332,61333 WP.No.36124, 36125 of 2015 rsi[co] srg 20/11/2015