C.Abdul Kapoor v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2016

CORAM

THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN W.P. Nos. 23086, 23088 & 23089 of 2016 & W.M.P. Nos. 19784, 19785, 19788 to 19791 of 2016 C. Abdul Kapoor ..Petitioner in W.P. No.

23086 of 2016 S.M.C. Radhakrishnan ..Petitioner in W.P. No.

23088 of 2016 C. Jaffar Sadiqu ..Petitioner in W.P. No.

23089 of 2016 Vs.

1.

The Secretary to Government, Department of Municipal Administration and Water Supply, Secretariat, Fort St. George, Chennai 600 009.

The Commissioner of Municipal Administration, Department of Municipal Administration and Water Supply, Ezhilagam, Chennai.

3.

The Commissioner, Mettupalayam Municipality, Mettupalayam, Coimbatore District.

..Respondents in all the writ petitions Prayer in W.P. No. 23086 of 2016:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the entire records connected with the proceedings of 3rd respondent's notice vide Na.Ka.No. 780/2016/A1 dated 16.06.2016 and quash the same, consequently direct the 3rd respondent to renew the licence for Ginger Godown situated at Shop No.1 in Bharathiyar Centenary Building,

Mettupalayam, from 01.04.2015 to 31.03.2018 with enhancement rent in pursuance of 1st respondent's G.O. No. 92 dated 03.07.2007. Prayer in W.P. No. 23088 of 2016:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the entire records connected with the proceedings of 3rd respondent's notice vide Na.Ka.No. 780/2016/A1 dated 16.06.2016 and quash the same, consequently direct the 3rd respondent to renew the licence for Potato Godown situated at Shop No.4 in Bharathiyar Centenary Building, Mettupalayam, from 01.04.2015 to 31.03.2018 with enhancement rent in pursuance of 1st respondent's G.O. No. 92 dated 03.07.2007. Prayer in W.P. No. 23089 of 2016:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the entire records connected with the proceedings of 3rd respondent's notice vide Na.Ka.No. 780/2016/A1 dated 16.06.2016 and quash the same, consequently direct the 3rd respondent to renew the licence for Ginger Godown situated at Shop No.1 in Bharathiyar Centenary Building, Mettupalayam, from 01.04.2015 to 31.03.2018 with enhancement rent in pursuance of 1st respondent's G.O. No. 92 dated 03.07.2007. For Petitioners::

Mr.P. Saravanan - No appearance For Respondents::

Mr.P.V. Selvakumar, for R1 & R2 Mr.A.S. Thambuswamy for R3 COMMON ORDER Even though the petitioners' counsel has undertaken to file an affidavit, seeking time to vacate the premises, the learned counsel for the petitioners is absent. Hence, the writ petitions are dismissed and the interim orders granted stand vacated. The respondent Municipality is at liberty to take possession of the premises of the respective petitioners within three months from today and file a compliance report, for having taken possession, after a period of three months. No costs. Connected W.M.Ps are closed.

Post the writ petitions after three months for reporting compliance.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

nv To 1.

The Secretary to Government, Department of Municipal Administration and Water Supply, Secretariat, Fort St. George, Chennai 600 009.

The Commissioner of Municipal Administration, Department of Municipal Administration and Water Supply, Ezhilagam, Chennai.

3.

The Commissioner, Mettupalayam Municipality, Mettupalayam, Coimbatore District.

4.

The Section Officer, Writ Section, High Court, Madras.

1 cc to Mr.A.S.Thambusamy, Advocate, sr.48027 W.P. Nos. 23086, 23088 & 23089 of 2016 kra 29.08.2016