Smt.C.Savariammal (Deceased), v. The Director General Of
Dr.ANITA SUMANTH, J.
Read this order in conjunction with earlier orders dated 13.07.2022, 16.12.2022 and 23.01.2023 that read as follows: 13.07.2022:
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.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.
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 2 nd 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 2 nd 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 would have no objection for the 2 nd petitioner being allowed to carry out the business till the end 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 2 nd petitioner till 31.12.2022. It is made clear that the 2 nd 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.
vacate and surrender possession of the shop by 31.12.2022. No costs. Consequently, connected miscellaneous petitions are closed. 16.12.2022:
Mr.Boopathy, learned Counsel accepts notice for the respondent and will obtain instructions in regard to the prayer in this Writ Miscellaneous Petition which has been filed for extension of time granted by this Court on 13.07.2022.
2. While this Court has directed the two petitioners to evict and surrender the possession of the shop located in the CRPF campus on or before 31.12.2022, the petitioners seeks time of 5 months from 01.01.2023 to 31.05.2023 to clear the unsold contents of the shop.
3. List on 19.01.2023.
23.01.2023:
Read this order in conjunction with earlier orders dated 13.07.2022 and 16.12.2022. The present prayer is for extension of time till 31.05.2023 to clear the stock in Group Centre, CRPF campus, Avadi.
2. Written instructions dated 17.01.2023 have been circulated by learned counsel for the respondents to the effect that despite an embargo placed by this Court in order dated 13.07.2022 that no new stock shall be purchased, the petitioner is continuing to purchase uniform and related items from the local market for sale in the shop in question.
3. Learned counsel for the petitioner denies the same. Let an affidavit be filed to this effect prior to the next date of hearing with an advance copy served
Dr.ANITA SUMANTH,J.
upon the respondents.
4. Stock statement, as on date, shall be taken by R4 in the presence of the petitioner and placed the same before this Court on the next date of hearing.
5. List on 31.01.2023.
2. The petitioner has filed an affidavit dated 30.01.2023 confirming that she has complied with order of this Court dated 13.07.2022 and has not made any fresh purchases after the aforesaid date.
3. The respondents, as directed on 23.01.2023 have filed a stock statement. Since there is no stock statement as on 13.07.2022, it is not possible to verify compliance of order dated 13.07.2022 in regard to the purchase of stocks pursuant to that date.
4. The petitioner is directed to strictly comply with the order as above.
5. Mr.Bhoopathy, learned counsel for the respondents, upon instructions, states that the petitioner may be permitted to run the shop in question till 30.04.2023.
6. Recording this, this Miscellaneous Petition is disposed directing the respondents to permit the petitioner to run the shop selling uniform articles in Group Centre, CRPF Campus, Avadi till 30.04.2023.
31.01.2023 sl