Sri Karpaga Vinayagar Caterers v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2024

CORAM:

THE HON'BLE MR.D.KRISHNAKUMAR ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN W.P.No.28687 of 2024 and W.M.P.No.31286 of 2024 Sri Karpaga Vinayagar Caterers, A registered Partnership Firm, Having its office at No.20, Puazhendhi Street MGR Nagar, Chennai-600 078, Rep. by its Partner, D.Chandra Sekaran ... Petitioner -vs1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.

2. The Zonal Officer, Division 138, Zone 10, Greater Chennai Corporation, No.1, Ayyavu 4th Street, Jafferkhanpet, Chennai-600 081.

3. S.Paul Pandian ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the Respondent Nos.1 & 2, their Officers, Agents or any person acting under them from taking any coercive steps, including locking and sealing, demolishing or any other action against the petitioner's rented premises at 1/4

No.20, Puazhendhi Street, MGR Nagar, Chennai-600 078 without giving a reasonable opportunity and sufficient time to vacate.

For Petitioner :

Mr.Y.Prakash For R1 & R2 :

Mr.A.Arunbabu *****

O R D E R

(By Hon'ble Acting Chief Justice) This Writ Petition has been filed to forbear the Respondent Nos.1 & 2, their Officers, Agents or any person acting under them from taking any coercive steps, including locking and sealing, demolishing or any other action against the petitioner's rented premises at No.20, Puazhendhi Street, MGR Nagar, Chennai-600 078 without giving a reasonable opportunity and sufficient time to vacate.

2. When the matter is taken up for hearing, an affidavit dated 26.09.2024 has been filed by the petitioner, seeking 12 weeks' time to vacate the premises. However, the respondent Corporation opposed to the grant of twelve weeks' time to the petitioner for moving out to a new place.

3. Taking note of the submissions made on either side, this Court grants six weeks' time to the petitioner to find out an alternative place and shift belongings to the 2/4

new premises. It is made clear that no further time for shifting things will not be entertained at any cost and if the petitioner does not vacate the precincts within the time stipulated, it is open to the respondent Corporation to take action for removal of the unauthorized building without any further notice.

4. With the above observation and direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,ACJ.] [M.J.R,J.] 26.09.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar 3/4

HON'BLE ACTING CHIEF JUSTICE, AND M.JOTHIRAMAN,J., ar 26.09.2024 4/4