Smt.C.Savariammal (Deceased), v. The Director General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and W.M.P.Nos.10793 & 10794 of 2017 1.C.Savariammal (died) 2.C.Susai (P2 substituted as LR of deceased sole petitioner vide order dated 01.04.2022 made in WMP.No.7876/2022 in WP.No.9802/2017) ..Petitioner Vs.
1.The Director General of Police, Directorate General, CRPF, CGO Complex, Loadi Road, New Delhi - 110 003.
2.The Inspector General of Police (Training), Training Directorate, CRPF, East Block-2, Level-VI, Sector One, R.K.Puram, New Delhi - 110 066.
3.The Inspector General of Police, Southern Sector, CRPF, Road No.10 C, Jubilee Hills, Near MLA/MPs Colony, Gayathri Hills, Hyderabad - 500033.
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4.The Deputy Inspector General of Police, Group Centre, C.R.P.F., Avadi, Chennai - 600 065.
5.The Principal / Deputy Inspector General of Police, Recruit Training Centre (RTC), Group Centre Campus, CRPF, Avadi, Chennai - 600 065.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the 4th respondents to permit the petitioner to run the shop for selling uniform articles in Group Centre, CRPF Campus, Avadi on widow quota for the financial year 201718. For Petitioner : Dr.R.Gouri For Respondents : Mr.M.Soundar Vijay Arul Ram Standing Counsel
O R D E R
The petitioner seeks Writ of Mandamus, directing the respondents to permit the petitioner to run the shop meant for selling uniform articles in the Group Centre of CRPF Campus, Avadi under the widows quota. 2/7
2.The back ground under which, the above prayer sought for is as follows:- The husband of the original petitioner / Savariammal served in the CRPF at various places and he died on 08.09.2009. The original petitioner was sanctioned with a family pension of Rs.3,500/- per month. The first son of the petitioner was diagnosed with heart ailment and it is not in dispute that he is also no more. Even during the life time of the original petitioner, she was successful in obtaining the tender for the shop to sell uniform articles like shoes, belt, caps, batch, monogram, T-shirts etc., inside the CRPF Campus for a period of 11 months between 20.10.2014 and 19.10.2015 and she had remitted an advance of Rs.35,000/- and had been paying the rent of Rs.8,098/- per month. She was also successful in getting the shop allotted to her in the year 2015-2016. Complaining that she was asked to vacate the shop immediately, she had filed the Writ Petition in W.P.No.5168 of 2016 for a Writ of Mandamus directing the respondents not to disturb her from running the shop.
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3.It is the claim of the petitioner that on representation of the 4th respondent that original petitioner has not been directed to vacate the shop, the said Writ Petition was dismissed as having become infructuous. The petitioner has now approached this Court, claiming that she was not allowed to participate in the auction for the year 2017. Pending the Writ Petition, the respondents were directed to maintain status-quo. The original petitioner is also no more and her another son has been impleaded as the 2nd petitioner by order dated 01.04.2022.
4.Admittedly, the period for which the lease granted was expired. Considering the fact that the petitioner is one of the sons of the Ex-CRPF employee it is felt that the respondent should take a lenient view and permit him to sell whatever articles he has accumulated in the shop as of today, since these articles cannot be sold outside the CRPF campus. The 2nd petitioner has now filed an affidavit stating that he should be allowed to run the shop for the financial year 2022-2023. Taking a lenient view and sympathising with the petitioner, the learned counsel for the respondents, upon instructions from the respondents would submit that the respondents 4/7
would have no objection for the 2nd petitioner being allowed to carry out the business till theend of this year.
5.Recording the said statement of the learned counsel, this Writ Petition is disposed of, directing the respondents not to disturb the possession of the shop by the 2nd petitioner till 31.12.2022. It is made clear that the 2nd petitioner shall not accumulate further goods. This time extension is only to sell the goods, which had already been accumulated by him in the shop. In any event, the 2nd petitioner shall vacate and surrender possession of the shop by 31.12.2022. No costs. Consequently, connected miscellaneous petitions are closed.
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To:- 1.The Director General of Police, Directorate General, CRPF, CGO Complex, Loadi Road, New Delhi - 110 003.
2.The Inspector General of Police (Training), Training Directorate, CRPF, East Block-2, Level-VI, Sector One, R.K.Puram, New Delhi - 110 066.
3.The Inspector General of Police, Southern Sector, CRPF, Road No.10 C, Jubilee Hills, Near MLA/MPs Colony, Gayathri Hills, Hyderabad - 500033.
4.The Deputy Inspector General of Police, Group Centre, C.R.P.F., Avadi, Chennai - 600 065.
5.The Principal / Deputy Inspector General of Police, Recruit Training Centre (RTC), Group Centre Campus, CRPF, Avadi, Chennai - 600 065.
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R.SUBRAMANIAN, J.
KKN and W.M.P.Nos.10793 & 10794 of 2017 13.07.2022 7/7