Mr.Alkesh K.Shah, v. State Of Tamilnadu Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2016
CORAM
THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE V.PARTHIBAN Writ Appeal Nos.1325 to 1328 of 2016 & C.M.P.Nos.17171 to 17174 of 2016 1 Mr.Alkesh K.Shah 2 Mr.K.Shanmugam 3 Mrs.S.Devakumari 4 Mrs.N.Geetha 5 Mr.R.Sohanlal 6 Mr.R.Shantilal 7 Mr.K.Sowkath Ali 8 Mr.Haresh Dhalaram @ Hariram 9 Mr.D.Ganesan 10 Mr.A.Gopal 11 Mr.N.Subramaniam 12 Mr.Sowkhar Khan 13 Mr.P.Sivalingam 14 Mrs.Vijaya Loganathan 15 Mr.S.T.Suppayya Pillai 16 Mr.S.P.Manivannan 17 Mr.Kalil Khan 18 Mr.Pemaram 19 Mrs.M.Balamani 20 Mr.M.Palanisami 21 Mr.S.Suresh 22 Shanmugam 23 Mr.Jaganathan .... Appellants in WA No.1325 of 2016
1. D.Prakash 2 C.Ramana Reddy 3 Mohamed Farook 4 Kalai Selvi 5 Shajaputheen 6 G.Jaganathan 7 Janarthanan 8 K.P.Venkatachalam 9 S.P.Manickam 10 S.Abdul Karim
11 B.Arulantham 12 T.Narayanasami 13 S.M.Pyarajohn 14 M.Baskar Raj 15 D.Ramamoorthy Naidu 16 S.Srinivasan 17 V.M.Raja 18 S.P.Iliyash 19 Samundeswaran .... Appellants in WA No.1326 of 2016
1. Salil Basha .... Appellant in WA No.1327 of 2016 1 C.Keraram 2 K.Subramaniam 3 K.R.Sadhasivam 4 D.Ganesan 5 Mr.Ratanlal 6 Jabar Ali 7 K.Duraisamy 8 P.Ganeshbabu 9 A.Mohanlal 10 R.Bhawarlal 11 S.Manickam 12 Anandhammal Jain 13 Dhanapal Govindasami 14 Vickram Thulasidas 15 R.Prabhu 16 M.Indher Singh 17 Bharath Jain 18 Muthurajan Sengoda Gounder 19 R.Babulal 20 R.Raju 21 M.Poonaram 22 Budh Singh Raj Purolhit 23 R.Mangilal 24 Alkesh K.Shah 25 J.Vikas Kumar 26 P.Vinod Kumar 27 N.Subramaniam & Co.
28 Sridhar Kamalasekar .... Appellant in WA No.1328 of 2016
Versus
1 State of Tamilnadu Rep by its Secretary to Government, Department of Municipal Administration and Water Supplies
Secretariat, Fort St. George Chennai-600 009.
2 The Commissioner, Salem Municipality, Office of Salem Municipality (Revenue) Salem 3 The Assistant Commissioner Office of Ammapettai Ward, Salem Municipality, Salem.
...
Respondents in all the Writ Appeals Appeals under Clause 15 of the Letters Patent filed against the interim order dated 27.9.2016 made in W.P.Nos.23251, 23428, 23320 and 23250 of 2016. Petitions praying to issue a writ of certiorarified Mandamus, call for the entire records pertaining to G.O.Ms. NO.92 Municipality Administration and Water Supply Department dated 3. 7.2007 issued by the first respondent and the consequential proceedings Na.Ka. NO.L8/ 676/ 16 dated 5.4.2016 issued by the third respondent and quash para-4 (iii) of the said G.O. Ms. No. 92 Municipality Administration and Water Supply Department dated 3.7.2007 and said consequential proceedings Na.Ka. No. L8/ 676/ 16 dated 5.4.2016 issued by the third respondent and direct the Respondnets to continuously follow the existing procedure for fixing the rent as directed by the Honourable Supreme Court in the order dated 23.4.1991 passed in Civil Appeal No.1441- 1444/91.
For Appellant :
Mr.P.Thiagarajan For Respondent-1 :
Mr.R.Prathapkumar, Addl.Govt. Advocate For Respondents 2 & 3: Mr.V.Ayyadurai Addl. Advocate General Assisted by Mr.S.Diwakar, Standing Counsel COMMON JUDGMENT (Delivered by Huluvadi G.Ramesh,J) These writ appeals are directed against the interim order dated 27.9.2016 in W.P.Nos.23251, 23428, 23320 and 23250 of
2016, in and by which, the learned single Judge has passed the following:
"The Salem Corporation is directed to issue notice to the shop owners, who have not agreed to pay the amount fixed by the Salem Corporation, fixing the time to hand over the possession on or before 25.10.2016, failing which, they shall evict the shop on or before 28.10.2016, in terms of the judgment passed in W.A.Nos.889 of 2016 and 909 to 918 of 2016 dated 21.7.2016."
2. Heard the learned counsel for the appellant and the learned Additional Government Pleader for respondent No.1 and the learned Additional Advocate General for the respondent Nos.2 and 3.
3. In similar writ appeal (i.e.) W.A.No.1303 of 2016 preferred by one of the tenants, against the above said interim order, this Court, having taken note of the fact that the learned single Judge has passed the impugned interim order only in terms of the order passed by this Court in W.A.Nos.909 to 918 of 2016, though declined to interfere with the interim order, however, disposed of the said writ appeal by order dated 25.10.2016 with the following observation.
" ... taking note of the fact that the appellant is in possession of shop for many years and taking into consideration the difficulty expressed by the appellant, we direct the respondent corporation to notify the shops in question for public auction, in which, the appellant is also at liberty to participate. In such auction, ultimately only the highest bidders will be allotted the shops on lease. In the event of the appellant becoming an unsuccessful bidder, he shall be given one month time from the date of auction, to vacate the shop and hand over the same, subject to an undertaking given by the appellant within one week from the date of auction, undertaking to vacate the shop and hand over the same within a period of one month from the date of auction.
In the event of no person participating in the public auction, the respondent Corporation may lease out the shop to the existing leaseholder/appellant, after reconsidering the rent enhanced by them and fixing a reasonable rent." Having regard to the above, this Court is of the view that the above said order will hold good as regards the present writ appeals also.
of on the above terms. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 1 The Secretary to Government, Government of Tamil Nadu Department of Municipal Administration and Water Supplies Secretariat, Fort St. George Chennai-600 009.
2 The Commissioner, Salem Municipality, Office of Salem Municipality (Revenue) Salem 3 The Assistant Commissioner Office of Ammapettai Ward, Salem Municipality, Salem.
+4cc to Mr. P. Thiagarajan, Advocate, S.R.Nos.61405,61413, 61403 and 61404 sai(CO) md(01/12/2016) W.A.Nos.1325 to 1328 of 2016