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Madras High CourtWP/26851/2025disposed of

S.Chandrammal v. The Chief Executive Officer

2025-07-23Honourable Mrs.Justice N. Mala8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA AND WMP NO. 30186 OF 2025,WMP NO. 30187 OF 2025

1. S.Chandrammal Ps/o. Late Sundra Rajan Market Shop, Shop No. 1 Indhira Gandhi Road, C Palavaram, Chennai Petitioner(s) Vs

1. The Chief Executive Officer St Thomas Mount Cum Pallavaram Cantoment Board, North Prade Road, St Thomas Mount, Chennai 600 016.

Respondent(s) WMP No. 30186 of 2025

1. S.Chandrammal Project Implementation Unit Chennai 2 272A, Dr.Selvi Jayakumar Street GG Nagar, Nerkundram, Chennai Petitioner(s) Vs

1. The Chief Executive Officer St Thomas Mount Cum Pallavaram Cantoment Board, North Prade Road, St Thomas Mount, Chennai 600 016.

Respondent(s) WMP No. 30187 of 2025

1. S.Chandrammal Project Implementation Unit Chennai 2 272A, Dr.Selvi Jayakumar Street GG Nagar, Nerkundram, Chennai Petitioner(s) Vs

1. The Chief Executive Officer St Thomas Mount Cum Pallavaram Cantoment Board, North Prade Road, St Thomas Mount, Chennai 600 016.

Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorari to Call for records of the respondent impugned notice dated 02.07.2025 vide No. STM/REV/1313 AND QUASH the same. WMP No. 30186 of 2025 PRAYER Dispense with the production of the original impugned notice . STM/REV/1313 dated 02.07.2025 of the respondent.

WMP No. 30187 of 2025 PRAYER To stay all further proceedings of the original impugned notice no. STM/REV/1313 dated 02.07.2025 of the respondent pending disposal of the writ.

For Petitioner(s):

Mr.S.Vijayakumar For Respondent(s):

Mr.C.Mohan For Ms.A.Rexy Josephine Mary For M/s.King And Partridge For Respdt.

ORDER

(1)Mr.C.Mohan, learned Counsel accepts notice on behalf of the respondent. With the consent of both the learned counsels, the main writ petition itself is taken up for final disposal at the admission stage. (2)The writ petition is filed for a writ of certiorari to quash the impugned order of the respondent dated 02.07.2025.

(3)The petitioner states that the respondent Cantonment Board is having several Market shops in the Pallavaram Cantonment area. The respondent Cantonment Board allotted one such shop under annual license to the petitioner during the year 1980. The petitioner is running a tea stall in the shop allotter to her in Shop No.1, Market Shops, Indira Gandhi Road,

Cantonment, Pallavaram, Chennai 600 043. The petitioner's husband was initially running the tea shop. After his demise, the petitioner continued to run the shop with periodical renewal of trade license. While so, on 11.06.2025, the respondent issued a notice to the petitioner, directing her to pay the outstanding license fees. The petitioner complied with the said direction. The petitioner states that even though there was no arrears of rent, to her shock and surprise, the respondent issued the impugned notice directing the petitioner to vacate the shop, failing which it was stated that possession would be taken in accordance with the provisions of the Cantonments Act, 2006. Aggrieved by the said order, the petitioner has filed the above writ petition for the aforesaid relief.

(4)The learned counsel for the respondent submitted that the respondent has no objection for the the petitioner continuing with the possession of the shop till the Tender Notification is issued. The learned counsel further submitted that once the Tender Notification is issued, the petitioner shall vacate the shop. Learned counsel submitted that it was open to the petitioner to participate in the Tender as and when it is called.

(5)The learned counsel for the petitioner states that the submission of the learned counsel for the petitioner that the petitioner can continue with the possession of the shop till the Tender Notification is issued may be recorded and the petitioner may be granted liberty to participate in the tender proceedings.

(6)Heard both the learned counsels and perused the materials placed on record. (7)The submission of the learned counsel for the respondent that the petitioner can occupy the shop till the issuance of the Tender Notification, is recorded. (8)The writ petition is disposed of with a liberty to the petitioner to participate in the tender as and when it is called. However, it is made clear that the petitioner shall vacate the shop once the Tender Notification is issued by the respondent. No costs. Consequently, connected miscellaneous petitions are closed.

23-07-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Chief Executive Officer St Thomas Mount Cum Pallavaram Cantoment Board, North Prade Road, St Thomas Mount, Chennai 600 016.

WMP No. 30186 of 2025 To 1.The Chief Executive Officer St Thomas Mount Cum Pallavaram Cantoment Board, North Prade Road, St Thomas Mount, Chennai 600 016.

WMP No. 30187 of 2025 To 1.The Chief Executive Officer St Thomas Mount Cum Pallavaram Cantoment Board, North Prade Road, St Thomas Mount, Chennai 600 016.

N.MALA J.

AP 23-07-2025