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Madras High CourtWP/24655/2014disposed of

A.Balasubramaniam, v. The State Of Tamil Nadu,

2021-10-06Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No. 24655 of 2014 and M.P. No. 1 of 2014 A.Balasubramaniam ... Petitioner -vs1. The State of Tamilnadu, Represented by the Secretary, Adi Dravidar Welfare and Tribal Department, Chepauk, Chennai - 600 005.

2. The Chairman, TAHDCO, No.31, Cenotaph Road, 2nd Lane, Teynampet, Chennai - 600 018.

3. The Managing Director, TAHDCO, No.31, Cenotaph Road, 2nd Lane, Teynampet, Chennai - 600 018.

4. The District Manager / The Deputy Collector, TAHDCO, Govt. Boys' Hostel Compound, Dr.Balasundaram Road, Coimbatore - 641 018.

5. The Commissioner, Corporation of Coimbatore, Coimbatore - 641 001.

6. The District Collector, Coimbatore District, Coimbatore.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari

calling for entire records pertaining to the Na.Ka.No.A1/389/1999 dated 14.08.2014 passed by the fourth respondent and quash the same.

For Petitioner : Mr.M.Mariappan For Mr.E.D.Sethupathi For Respondents : Mr.K.M.D.Muhilan Government Advocate

O R D E R

The order dated 14.08.2014 passed by the fourth respondent is under challenge in the present Writ Petition.

2. The petitioner states that he was running a shop at Door No.2, TAHDCO Shopping Complex, Vadavalli Bus Stand, Coimbatore for about ten years. The petitioner states that the shop at Door No.2 was allotted in his favour and an agreement was entered into between the fourth respondent and the petitioner. However, the order impugned states that the petitioner was continuing his business for more than ten years without any public auction. Further, the respondents received a complaint that the petitioner has sublet the shop alloted in his favour and there was arrears of rent also. On these grounds, the impugned order has been passed.

3. The learned Government Advocate appearing on behalf of the respondents states that the arrears of rent is yet to be paid and this apart, the subject shop had already been closed and the locker key is with the respondents. Therefore, the petitioner has to make necessary application for taking further steps.

4. Under these circumstances, the respondents are at liberty to proceed in accordance with law for the allotment of the shop. If the petitioner is otherwise eligible, he is at liberty to participate in the process in the manner known to law.

5. With these directions, this Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

vji / Sp To

1. The Secretary, The State of Tamilnadu, Adi Dravidar Welfare and Tribal Department, Chepauk, Chennai - 600 005.

2. The Chairman, TAHDCO, No.31, Cenotaph Road, 2nd Lane, Teynampet, Chennai - 600 018.

3. The Managing Director, TAHDCO, No.31, Cenotaph Road, 2nd Lane, Teynampet, Chennai - 600 018.

4. The District Manager / The Deputy Collector, TAHDCO, Govt. Boys' Hostel Compound, Dr. Balasundaram Road, Coimbatore - 641 018.

5. The Commissioner, Corporation of Coimbatore, Coimbatore - 641 001.

6. The District Collector, Coimbatore District, Coimbatore.

+1cc to the Government pleader Sr.53179 +1cc to M/s.E.D.Sethupathi, Advocate Sr.52338 W.P. No. 24655 of 2014 and M.P. No. 1 of 2014 rsi[co] srg 28/10/2021