Sri Ragavendra Filling Station v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Review Application (Writ) No.213 of 2023 Sri Raghavendra Filling Station Rep.by its Proprietor Mrs.K.Shanbagavalli : Petitioner versus 1.The District Collector, Chennai District 2.The Revenue Divisional Officer Ambattur, Chennai-600053.
3.The Tahsildar Ambattur Taluk, Ambattur, Chennai-600053.
4.The Divisional Engineer Highways (C & M) City Road, No.394/4, Anna Salai, Chennai-600006.
5.The Assistant Divisional Engineer Highways (C & M ) Chennai City Roads Sub Division, Chennai -600015. 6.Indian Oil Corporation Ltd.
A Government of India Undertaking
Having registered Office at No.G-9, Ali Yuvar Jung Marg, bandra, Mumbai 600051 7.Indian Oil Corporation Ltd.
A Government of India Undertaking Having registered Office No.500, Anna Salai, Teynampet, Chennai 18 8.Gandhimathi Ramarao : Respondents Writ Petition filed seeking a Writ of Certiorarified Mandamus calling for records comprised in the proceedings of 5th respondent bearing proceedings No.286/2010/E.Ni.Va dated 30.10.2023 and quash the same and consequently forbear the respondents herein not to in any manner evict the petitioner or the occupants of the property situated in T.S.No.169, 170, Old Survey No.151/1A1A1C1A2 Ward No.E, Block No.31, Korattur, Villivakkam, Chennai-600 049 pursuant to the order passed by the 5th respondent in proceedings No.286/2010/ E.Ni.Va, dated 30.10.2023. For the Petitioner :
Mr.T.T.Ravichandran For Respondents 1 to 5 :
Mr.P.Muthukumar, State Government Pleader For respondents 6 & 7 :
Mr.AR.L.Sundaresan, Additional Solicitor-General, for Mr.V.Anantha Natarajan Review Application No.213 of 2023 Sri Raghavendra Filling Station Rep.by its Proprietor Mrs.K.Shanbagavalli : Petitioner versus 1.Ganthimathy Ramarao 2.The District Collector, Chennai District 3.The Revenue Divisional Officer Ambattur, Chennai-600053.
4.The Tahsildar Ambattur Taluk, Ambattur, Chennai-600053.
5.The Divisional Engineer Highways (C & M) City Road, No.394/4, Anna Salai, Chennai-600006.
6.The Assistant Divisional Engineer Highways (C & M ) Chennai City Roads Sub Division, Chennai -600015. Prayer: Petition filed seeking to review the order passed by this Court in WP No.6350 of 2020 dated 04.10.2023.
For the Petitioner :
Mr.T.T.Ravichandran For Respondents 2 to 6 :
Mr.P.Muthukumar, State Government Pleader COMMON ORDER (Made by the Hon'ble Chief Justice) We have heard Mr.T.T.Ravichandran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, appearing for the official respondents and Mr.AR.L.Sundaresan, learned Additional Solicitor-General appearing for the Indian Oil Corporation/ respondents 6 and 7 in the writ petition.
2. The learned counsel for the petitioner submits that straightaway, order
has been passed by the Government, directing the petitioner to vacate from the subject writ property. It is contended by the learned counsel for the petitioner that the petitioner is the lessor of respondents 6 and 7 and the said respondents are running a retail outlet in the writ property. Prior to the impugned order, the petitioner was not served with any show cause notice and directly, order to vacate the premises is passed.
3. Mr.P.Muthukumar, learned State Government Pleader, submits survey was conducted prior to the passing of the impugned order.
4. The learned Additional Solicitor-General appearing for respondents 6 and 7 submits that respondents 6 and 7 are in possession of the property by virtue of a lease. They are also not issued with any notice; nor any survey was conducted in their presence.
5. Be that as it may, it does not appear that prior to the impugned notice, show cause notice was issued to the petitioner and/or respondents 6 and 7.
6. In light of that, the notice dated 30.10.2023 shall be construed as a show-cause notice. The petitioner and respondents 6 and 7 shall file their say to
the same within fifteen days from today. The petitioner and respondents 6 and 7 may place documents on which they rely. The authority concerned shall consider the documents/ materials placed on record by the petitioner and respondents 6 and 7 and then take a decision in accordance with law.
7. With this observation, the writ petition and the review application are disposed of. There will be no order as to costs. Consequently, WMP Nos.33627 and 33845 of 2023 are closed.
(S.V.G., CJ.) (D.B.C., J.) 18.12.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Chennai District 2.The Revenue Divisional Officer Ambattur, Chennai-600053.
3.The Tahsildar Ambattur Taluk, Ambattur, Chennai-600053.
4.The Divisional Engineer Highways (C & M) City Road, No.394/4, Anna Salai, Chennai-600006.
5.The Assistant Divisional Engineer Highways (C & M )
Chennai City Roads Sub Division, Chennai -600015. 6.Indian Oil Corporation Ltd.
No.G-9, Ali Yuvar Jung Marg, bandra, Mumbai 600051 7.Indian Oil Corporation Ltd.
No.500, Anna Salai, Teynampet, Chennai 18
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(tar) and Rev.A.(Writ) No.213 of 2023 18.12.2023