G.Sagunathala v. Regional Director Of Municipal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025

CORAM:

THE HONOURABLE MRS. JUSTICE N.MALA W.P.No.32058/2025 & WMP.No.35932/2025 Mrs.G.Sagunthala ... Petitioner Vs 1.Regional Director of Municipality Administration, Tirupur.

2.The Commissioner, Coonoor Municipality The Nilgiris.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus calling for the records relating to the letter made in Na.Ka.No.1836/2024/F1 dated 12.06.2025, and issued by the Commissioner, Coonoor Municipality, The Nilgiris, the 2nd respondent herein and quash the same and consequently forbearing the respondents herein from in any manner evicting or disturbing the petitioner herein from carrying on business in Shop No.12A/16, Coonoor Municipality Market, Coonoor, the Nilgiris. 1/6

For Petitioner : Mr.N.Damodaran For Respondents : Dr.T.Seenivasan Special Government Pleader

O R D E R

The writ petition is filed to quash the order of the 2nd respondent made in Na.Ka.No.1836/2024/F1 dated 12.06.2025 issued for eviction of the petitioner's shop at Municipal Market, Coonoor, The Nilgiris, and to forbear the respondents from in any manner evicting or disturbing the petitioner herein from carrying on business in Shop No.12A/16, Coonoor Municipal Market, Coonoor, the Nilgiris.

2.The facts in brief are as follows. The petitioner is the lessee conducting retail business of trading in groceries in the shop allotted to her at Municipal Market, Coonoor, The Nilgiris. The petitioner states that the aforesaid shop is her only source of income and livelihood. The petitioners further states that she was regular in payment of rent to the Municipality. While so, the 2nd respondent issued an impugned eviction notice on 12.06.2025, to the petitioner to vacate her shop for the purpose of demolition and reconstruction of the market complex. The petitioner 2/6

states that the impugned notice for eviction was issued abruptly without giving reasonable time to the petitioner for relocation. The petitioner further states that the Work order was already issued to the Contractor on 06.11.2024 itself, and that the petitioner was informed that she along with other similarly placed persons would be allotted shops temporarily put up in the area adjacent to the forest lands. The petitioner states that the temporary shops are which will not be conducive for conducting business as they are located near the forest area. Hence, left with no other option, the petitioner was constrained to file the above writ petition for the aforesaid relief.

3. When the mater was taken up for hearing, the learned counsel appearing for the petitioner submitted that this Court, in similar matters arising out of the same Municipal Market, Coonoor, had disposed of the batch of writ petitions on 26.08.2025, in WP.No.23276/2025 etc., batch, with certain directions. The learned counsel prayed that this writ petition may also be disposed of on same terms.

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4.Heard both sides and perused the materials available on record. 5.The facts are undisputed. The writ petition was filed solely on the ground that sufficient time was not granted to the petitioner for relocation and that the temporary place identified for relocation did not have basic amenities.

6.This Court, on 26.08.2025, in the batch of writ petitions filed by similarly placed persons, in WP.Nos.23276/2025 etc., batch, passed the following directions:- (1)The respondent shall issue the allotment order for the temporary shops to the petitioners within a period of two weeks from the date of receipt of a copy of this order and on receipt of the allotment order for the temporary shops, the petitioners shall vacate the shops from the market complex within a period of one week thereafter and hand over the vacant possession to the respondent.

(2) The petitioners are permitted to apply for 4/6

fresh license depending on the expiry of license period.

(3) The respondent shall ensure that all concerns of the petitioners regarding basic amenities in the temporary location are addressed without delay.

(4) The respondent is directed to allot the temporary shops to the petitioners on the basis of the nature of business conducted by the petitioners and other lessees.

7.The present writ petition is also disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are also closed.

28.08.2025 AP Index: Yes/No Internet: Yes Speaking order / Non speaking order : Yes/No N. MALA, J.

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AP To 1.Regional Director of Municipality Administration, Tirupur.

2.The Commissioner, Coonoor Municipality The Nilgiris.

W.P.No.32058/2025 28.08.2025 6/6