1.R.Devaraj v. 1.Estate Officer-6,Slum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15/9/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.35574 of 2003

1. R. Devaraj

2. K. Veerapathran

3. R. Ravi

4. J. Baskar

5. R. Ramachandra Raju

6. M.G.Krishna Murthi

7. K. Monoharan

8. K. Rajendran

9. V. Periyasamy

10. S. Manoharan ...

Petitioners Vs

1. Estate Officer - 6 Slum Clearance Board 212 Ramakrishna Mutt Road Mylapore Chennai 600 004.

2. The Commissioner Corporation of Chennai Rippon Buildings Chennai.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for the issuance of a writ of mandamus to direct the respondent Corporation from preventing the petitioners to carry on the business allotted to them vide proceedings of the first respondent board in N.K.No.312/AE/6/89 dated 5.4.89 in respect of shops No.1 to 10 without allotting any other suitable site alternatively.

For petitioners : Mr.K.Sukumaran For respondents : No appearance for R.1 Mr.V.C.Selvasekaran for R.2.

O R D E R

(delivered by K.K.SASIDHARAN,J.,) The petitioners seek a mandamus, directing the Chennai Corporation to permit them to carry on the business at R.K.Mutt Road, Pillaiyar Koil Thottam, Chennai, by making use of the shop bearing Nos.1 to 10.

2. It is the case of the petitioners that they were permitted by the first respondent to occupy the shops in question. They have been doing business pursuant to the permission granted by the first respondent. The first respondent, refused to receive the rent while it was tendered in October, 2003 on the ground that the shops were surrendered to the Chennai Corporation.

The petitioners, apprehending action for eviction by the Chennai Corporation, have come up with this writ petition.

3. The petitioners are given two weeks time to submit a comprehensive representation to the Chennai Corporation. In case, any such representation is received within two weeks, the same shall be considered and disposed of by the second respondent, as expeditiously as possible and in any case, within a period of eight weeks, thereafter. Status-quo, as on today, shall be maintained, in the mean time.

4. The writ petition is disposed of with the above direction. No costs. Connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To:

1. Estate Officer - 6 Slum Clearance Board 212 Ramakrishna Mutt Road Mylapore Chennai 600 004.

2. The Commissioner Corporation of Chennai Rippon Buildings Chennai.

+1cc to Mr.K.Sukumaran, Advocate Sr.50378 W.P. No.35574 of 2003 mg[co] srg 5.10.2015