M/S.Radhe Krishna Automotives v. The Executive Engineer-Ii

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND WMP NO. 36499 OF 2024,WMP NO. 36497 OF 2024 M/s.Radhe Krishna Automotives Rep By Its Partner Moyilla Gayathri Devi, Old No.7/4, New No.7, Nethaji Street, Velacharry Main Road, Pallikaranai, Chennai-600 100 Petitioner(s) Vs

1. The Executive Engineer-II Zone-14, Greater Chennai Corporation, No.6/64,Puzhthivakkam Main Road, Chennai-600 091 2.S.Dass 3.S.Karunakaran Respondent(s)

PRAYER calling for the records pertaining to the impugned proceedings vide dated 05.11.2024 vide Z.O.14/C.No./A1/5988/2020 to quash the same so far as the petitioners interest and to direct the respondent to provide sufficient time to establish, re-locate or to make alternative arrangements to run the petitioner's retail licensed distribution business.

For Petitioner(s):

Mr.V.Manohar For Respondent(s):

Mr.Prithvi Chopda SC For R1 Mrs.S. Rajeni Ramadass For M/s. Rajeni Associates For R2 and R3

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The writ petition has been instituted challenging the proceedings dated 05.11.2024 and seeks a direction to the respondents to provide sufficient time for the petitioner to establish, relocate, or make alternative arrangements to operate their retail licensed distribution business.

2. Mr.V.Manoharan, the learned counsel for the petitioner would submit that the petitioner had already filed an affidavit on 18 th November, 2024 stating that she will vacate the subject premises and hand over vacant possession

enabling the Greater Chennai Corporation / 1 st respondent to seal the property and initiate all further actions to demolish the unauthorised constructions. However, despite filing the affidavit, the petitioner has not vacated the premises to date.

3. The learned counsel for the petitioner would submit that the petitioner required some more time. However, the said submission in the opinion of this Court in unreasonable. The petitioner was given an undertaking before this Court is expected to honour it according to their own timeline. Sufficient time had already been granted.

4. Although the undertaking does not specify a timeframe, a reasonable period must be considered. Since the undertaking was filed on 18 th November, 2024, near about three and half months have passed. This court is inclined to grant two more months for the petitioners to vacate the premises, enabling the st respondent/ Corporation authorities to seal the premises and initiate all further actions.

5. Accordingly, the writ petitioner is directed to vacate the premises on or before May 6, 2025, and inform the Corporation authorities, enabling them to seal the premises and initiate further actions by following the due process. In the event of failure on the part of the writ petitioner, the 1 st respondent / Corporation is directed evict the petitioner, if necessary, with the assistance of Police and proceed with all further actions.

6. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 06-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Executive Engineer-ii Zone-14, Greater Chennai Corporation, No.6/64,Puzhthivakkam Main Road, Chennai-600 091 2.S.Dass S/o.Sadayappan, Old No.7/4, New No.7 Nethaji Street, Velacharry Main Road, Pallikaranai, Chennai-600 100 3.S.Karunakaran S/o.K.Shanmugam, 57/27, Bajanai Kovil Street, Choolaimedu, Chennai600 094

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

Jeni 06-03-2025