National Products, Rep. By v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.02.2023

CORAM

THE HONOURABLE Ms. JUSTICE V.M.VELUMANI AND THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN National Products Rep. by its Proprietor Sudershan Kumar Parakh A/3, A/4, Thiru-Vi-ka Industrial Estate Guindy-Alandur Road Guindy, Chennai 600 032 .. Petitioner Vs.

1.The Managing Director Tamil Nadu Small Industries Development Corporation Ltd. Corporate Office Building Thiru-Vi-Ka Industrial Estate Guindy, Chennai 600 032 2.The Commissioner Corporation of Chennai Rippon Building Park Town, Chennai 600 003 1/10

3.The Branch Manager Tamil Nadu Small Industries Development Corporation Ltd. Corporate Office Building Thiru-Vi-Ka Industrial Estate Guindy, Chennai 600 032 4.The Assistant Revenue Officer Revenue Department Corporation of Chennai No.115, Dr.Muthulakshmi Salai Adyar, Chennai 600 020 5.Shanmuga Devar (died) 6.Palmugar Industries Bunk Guindy-Alandur Road Guindy, Chennai 600 032 7.Our Youth Ladies Welfare Association Telephone Booth Guindy-Alandur Road Guindy, Chennai 600 032 8.D.Senthil Kumar Xerox Shop Guindy-Alandur Road Guindy, Chennai 600 032 9.M.Mani Electrical Shop Guindy-Alandur Road Guindy, Chennai 600 032.

2/10

10.Sevagan Sweet Stall Guindy-Alandur Road Guindy, Chennai 600 032 11.M.Devi TAPCO Bunk Guindy-Alandur Road Guindy, Chennai 600 032 12.Kumudhavalli Pan Shop Guindy-Alandur Road Guindy, Chennai 600 032 13.Selvi Arya Petty Shop Guindy-Alandur Road Guindy, Chennai 600 032 14.Kamala Tea Stall Guindy-Alandur Road Guindy, Chennai 600 032 15.Lakshmi Pan Shop Guindy-Alandur Road Guindy, Chennai 600 032 16.Tamil Nadu Co-operative Milk Producers Federation Ltd. Milk Parlour Guindy-Alandur Road Guindy, Chennai 600 032 3/10

17.S.Bagavathi Shop No.5, Guindy, Chennai 600 032 (R17 impleaded vide order dt.26.3.2018 in WMP.No.6397/18) .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 4 to forthwith remove the petty shops, shed and stalls etc., located in the median on the Guindy-Alandur Road in Thiru-Vi-Ka Industrial Estate, Guindy, Chennai. For Petitioner : Mr.C.T.Murugappan For R1, R3 & R13 : No appearance For R2 : Mr.G.T.Subramanian Standing Counsel For R4 :

No appearance For R5, R14 & R15 :

Deceased For R6 to R12 & R17 :

Mr.V.R.Thangavelu for Mr.Selvaraj For R16 Mrs.R.L.Karthika Government Advocate

O R D E R

(Order of the Court was made by V.M.VELUMANI, J.) The petitioner has come out with the present writ petition for a direction to the respondents 1 to 4 to forthwith remove the petty shops, shed and stalls etc., located in the median on the Guindy-Alandur Road in Thiru-Vi-Ka Industrial Estate, Guindy, Chennai. 4/10

2. Heard Mr.C.T.Murugappan, learned counsel appearing for the petitioner, Mr.G.T.Subramanian, learned Standing Counsel appearing for the 2nd respondent, Mr.V.R.Thangavelu, learned counsel representing Mr.Selvaraj, learned counsel on record for the respondents 6 to 12 and 17 and Mrs.R.L.Karthika, learned Government Advocate appearing for the 16th respondent.

3. According to the petitioner, the property bearing plot No.A3 and A4 of Thiru.Vi.Ka Industrial Estate, Guindy, was allotted to the petitioner and a Sale Deed in document No.3215 of 1989 was also executed in his favour by the 1st respondent on 25.09.1989. The petitioner is the absolute owner and he is in possession of the said property. He is manufacturing plastic products in the said property. There is a service lane abutting the eastern side of the said property and there is a median about 10 feet separating the service lane and the Guindy-Alandur main road. While so, several persons have put up petty shops, stalls, bunks, etc. and carrying on businesses, including selling of food items, water, electrical and electronic products, etc. The customers coming to petty shops used to park their 5/10

vehicles on the service lane, which leads to heavy traffic. On the queries raised under the Right to Information Act, 2005 by the petitioner, the respondents 1 and 3 /SIDCO informed that they have given allotment to certain number of bunk type shops for selling essential items like snacks, cool drinks, etc. and the records of permit/licence issued by the 2nd respondent are not available with the SIDCO/1st respondent. In such circumstances, the petitioner has come out with the present petition for a direction to the respondents 1 to 4 to remove the said petty shops, forthwith.

4. Learned counsel appearing for the petitioner submitted that on the queries raised under the RTI Act with the Corporation Officials, they informed that they have not issued any license to run petty shops. The petitioner sent a representation dated 16.08.2017 to the respondents 1 to 4 to remove the said petty shops and the same was received by the respondents on 22.08.2017. In spite of receipt of the said notice, the respondents 1 to 4 have not acted upon. Hence, the petitioner is constrained to approach this Court for an appropriate relief. 6/10

5. The 4th respondent filed a report stating that the Corporation has not issued any license to the respondents 5 to 16 to run petty shops, since the area belongs to the SIDCO and the Local Body Act is not applicable to the said property. Learned counsel appearing for the 2nd respondent submitted that the respondents 2 and 4 and the traffic police department have already gave instructions to the respondents 6 to 17 not to park the vehicles in the service lane.

6. Though the respondents 1 and 3/SIDCO entered appearance through Mr.M.Purushothaman, Standing Counsel, he has not appeared before this Court today.

7. Mr.V.R.Thangavelu, learned counsel appearing for the respondents 6 to 12 and 17 submitted that the SIDCO had issued allotment order and in view of the same, no license is required for running the business and submitted that this writ petition is not maintainable. 7/10

8. From the materials on record, it is seen that the respondents 1 and 3 /SIDCO have informed the petitioner that they have permitted establishment of bunk type shops for selling essential items like snacks, cool drinks, etc. and the license granted by the Corporation is not available with them. On the other hand, learned counsel appearing for the 2nd respondent submitted that Corporation has not issued any license to the respondents 6 to 17. Due to the business being carried on by the respondents 6 to 17, free flow of traffic is affected and the Corporation Officials and police have already instructed them not to park the vehicles in the service lane. The respondents 1 and 3 have not given the particulars of persons to whom permission is granted to run the petty shops.

9. In view of the above, the respondents 6 to 17 are directed to produce the allotment order issued by the respondents 1 and 3/SIDCO and license if any issued by the respondents 2 and 4 within two weeks from the date of receipt of a copy of this order before the respondents 1 to 4. If there is no allotment order or license issued by the Corporation, the respondents 1 to 4 are directed to remove the petty shops of the respondents 6 to 17 within four weeks thereafter.

8/10

With the above directions, the writ petition is disposed of. No costs. (V.M.V.,J.) (V.L.N.,J.) Index : Yes/No 27.02.2023 gya To 1.The Managing Director Tamil Nadu Small Industries Development Corporation Ltd. Corporate Office Building Thiru-Vi-Ka Industrial Estate Guindy, Chennai 600 032 2.The Commissioner Corporation of Chennai Rippon Building Park Town, Chennai 600 003 3.The Branch Manager Tamil Nadu Small Industries Development Corporation Ltd. Corporate Office Building Thiru-Vi-Ka Industrial Estate Guindy, Chennai 600 032 4.The Assistant Revenue Officer Revenue Department Corporation of Chennai No.115, Dr.Muthulakshmi Salai Adyar, Chennai 600 020 9/10

V.M.VELUMANI, J.

AND V.LAKSHMINARAYANAN, J.

gya 27.02.2023 10/10