G.Balasubramani v. The Commissioner
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.A.Nos. 3680, 3681 & 3682 of 2024 C.M.P.Nos. 29118, 29119, 29120, 29122 & 29123 of 2024 G.Balasubramani ...Appellant in W.A.No.3680 of 2024 C.Sridhar ...Appellant in W.A.No.3681 of 2024 K.Kumaravel ...Appellant in W.A.No.3682 of 2024 Vs.
1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
2.Zonal Officer, Zonal Office-1, Greater Chennai Corporation, No.945 - Thiruvotriyur High Road, Chennai - 600 019.
3.The Assistant Revenue Officer, Zonal Office - 1, Greater Chennai Corporation, No.945, Thiruvotriyur High Road, Tiruvottiyur, Chennai - 600 019. ...Respondents in all writ appeals Common Prayer: Writ Appeals filed under Clause 15 of the Letters Patent 1/6
Act, against the order passed in W.P.Nos.17645, 18453 & 18444 of 2020 dated 22.08.2024.
For Appellants : Mr.S.Parthasarathy, Senior Counsel for Mr.N.Kuppusamy For Respondents : Mr.Rahul Adithiya for Ms.P.T.Rama Devi C O M M O N O R D E R (Order of the Court was delivered by R.SUBRAMANIAN, J.) Challenge in the Writ Petitions was to the eviction notices issued by the respondents 2 & 3 requiring the petitioners to vacate and handover possession of the shops in their occupation. While rejecting the challenge, the learned single Judge had granted time to the petitioners to vacate on or before 16.12.2024. Aggrieved, the petitioners have come up with these appeals.
2. Heard Mr.S.Parthasarathy, learned Senior Counsel appearing for the appellants and Mr.Rahul Adithiyan, learned counsel appearing for the Corporation.
3. Though Mr.S.Parthasarathy, learned counsel appearing for the 2/6
appellants would submit that the appellants being lessees under the then Tiruvallur Municipality, which has now been made part of the Corporation, however, cannot be evicted summarily. We find that the learned counsel for the petitioners in the Writ Court had, in fact, made a concession stating that they have prepared to vacate, if they are given reasonable time.
4. Today, when the matters are taken up for hearing, all the appellants have filed affidavits of undertaking, agreeing to vacate by 30.04.2025. Mr.Rahul Adithiyan, learned counsel for the respondents would submit that there are certain arrears payable by some of the appellants. Their details are as follows:- Sl.
No.
DN No.
Shop No.
Shop No.
Name Monthly Demand Total Demand Total Balance N011 N01-N011NZ1SC002-G2 P K Hajees 19449 N011 N01-N011NZ1SC002-G4 Kumaravel K 18810 11100 N011 N01-N011NZ1SC002-G8 Balasubramani G 14265 N011 N01-N011NZ1SC002-F20 Selvarani Dr.
11584 N011 N01-N011NZ1SC002-F26 Jesudoss Chandrasekar D 13032 11963
5. Mr.S.Parthasarathy, learned counsel for the appellants would submit that the appellants will also pay the arrears and continue to pay rents till 3/6
30.04.2025.
6. In view of the fact that the construction of the primary health centre is yet to be completed, we are of the opinion that the appellants could be favoured with extension of time till 30.04.2025 as sought for by them. Therefore,these Writ Appeals are disposed of,granting time to the appellants to vacate and handover vacant possession to the Corporation by 30.04.2025. No costs. Consequently, connected miscellaneous petitions are closed.
7. It is stated that since the time granted by the single Judge had expired on 16.12.2024, the Corporation had sealed the shops. There will be a direction to the Corporation to remove the seals and permit the petitioners to continue their business till 30.04.2025. The arrears shall be paid within a period of two weeks from today. It is made clear that this order will apply only to the appellants.
(R.S.M., J.) (C.K., J.) 19.12.2024 kkn Index: No Speaking order Note: Issue order copy on 20.12.2024.
To:
1.The Commissioner, 4/6
Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
2.Zonal Officer, Zonal Office-1, Greater Chennai Corporation, No.945 - Thiruvotriyur High Road, Chennai - 600 019.
3.The Assistant Revenue Officer, Zonal Office - 1, Greater Chennai Corporation, No.945, Thiruvotriyur High Road, Tiruvottiyur, Chennai - 600 019.
R.SUBRAMANIAN, J.
C.KUMARAPPAN, J.
5/6
KKN W.A.Nos. 3680, 3681 & 3682 of 2024 Connected miscellaneous petitions 19.12.2024 6/6