N.Anuradha v. Chennai Metropolitan Development Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS. JUSTICE R.HEMALATHA Writ Petition No.33581 of 2022 and W.M.P.Nos.33040 & 33041 of 2022 N.Anuradha .. Petitioner Vs.
1.Chennai Metropolitan Development Authority Represented by its Member Secretary No.1, Gandhi Irwin Road Egmore, Chennai-600 008.
2.The Commissioner Greater Chennai Corporation Rippon Buildings Chennai-600 003.
3.The Zonal Officer Revenue Department Zone-09, Greater Chennai Corporation No.1, Lake Area 4th cross street Nungambakkam, Chennai-600 034.
4.Fire and Rescue Services Department Represented by its Director No.17, Rukmani Lakshmipathy Road Egmore, Chennai-8.
.. Respondents 1/6
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the entire records connected with the notice bearing reference No.EC/S-I/8647/2019 dated 17.11.2022 pertaining to premises at No.103, Ground Floor, Dr.Radhakrishnan Road, Mylapore, Chennai-600 004 issued by the 1st respondent, quash the same as arbitrary and unconstitutional and consequently, direct the 4th respondent to conduct audit following due process of law.
For Petitioner : Mr.A.K.Rajaraman For R1 : Mr.C.N.Vinobha Standing Counsel For R2 & R3 : Ms.P.T.Ramadevi Standing Counsel For R4 : Mr.P.Gurunathan Additional Government Pleader
O R D E R
(Order of the Court was delivered by V.M.VELUMANI,J.) Writ Petition is filed challenging the notice bearing reference No.EC/S-I/8647/2019 dated 17.11.2022 pertaining to premises at No.103, Ground Floor, Dr.Radhakrishnan Road, Mylapore, Chennai-600 2/6
004 issued by the 1st respondent and consequently, directing the 4th respondent to conduct audit following due process of law. 2.Heard the learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the 1st respondent, learned Standing Counsel appearing for the respondents 2 & 3 and the learned Additional Government Pleader appearing for the 4th respondent and perused the entire materials on record.
3.The petitioner is tenant in the premises situate at No.103, Ground Floor, Dr.Radhakrishnan Road, Mylapore, Chennai-600 004. According to the petitioner, she obtained license from the Greater Chennai Corporation and is carrying on flower shop business for more than 13 years. Landlord of the premises failed to pay property tax. As per the orders of the 3rd respondent, the petitioner paid a sum of Rs.4,80,000/- towards property tax to the 2nd respondent. While so, the petitioner received impugned de-occupation notice dated 17.11.2022. 4.Learned counsel appearing for the petitioner submitted that petitioner has invested huge amount in the business and established good 3/6
will in the locality. After COVID-19 lock down, only recently the business has been picked up. The learned counsel further submitted that petitioner is looking for alternative site for relocating the business and she has filed an affidavit of undertaking to vacate the premises within six months. 5.Considering the fact that the petitioner has paid portion of the property tax claimed by the respondents, due by the landlord and is carrying on business in the said portion of the building for more than 13 years, the petitioner is granted six months time till 31.07.2023 for vacating the portion under her occupation. Till such time, the respondents are restrained from taking any coercive steps against the petitioner. 6.With the above directions, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. (V.M.V., J) (R.H., J) 09.01.2023 (1/2) Index : Yes/No kj To 4/6
1.Chennai Metropolitan Development Authority Represented by its Member Secretary No.1, Gandhi Irwin Road Egmore, Chennai-600 008.
2.The Commissioner Greater Chennai Corporation Rippon Buildings Chennai-600 003.
3.The Zonal Officer Revenue Department Zone-09, Greater Chennai Corporation No.1, Lake Area 4th cross street Nungambakkam, Chennai-600 034.
4.Fire and Rescue Services Department Represented by its Director No.17, Rukmani Lakshmipathy Road Egmore, Chennai-8.
V.M.VELUMANI,J.
5/6
and R.HEMALATHA,J.
Kj Writ Petition No.33581 of 2022 and W.M.P.Nos.33040 & 33041 of 2022 09.01.2023 (1/2) 6/6