R.Subramanian, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR AND THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.A.(MD).No.484 of 2016 and C.M.P(MD).No.3465 of 2016 R.Subramanian ... Appellant/Petitioner Vs.

1.

The Commissioner, Corporation of Trichirappalli, Cantonment, Trichirappalli.

2.

The Assistant Commissioner, Srirangam Division, Trichirappalli City Municipal Corporation, Srirangam, Trichy.

... Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 03.09.2012 made in W.P.(MD).No.1717 of 2012 on the file of this Court.

Prayer in WP(MD). 1717/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ, order or direction, particularly in the nature of Writ of Mandamus, forbearing the Respondents and their men or agents from sealing the shop No.6 situated at Chathiram Bus Stand, Water Tank Complex, Trichy till the order is been passed by the R1 on the representation dated 4.8.2011 in view of the direction given by this Honble court in WP MD Nos.11112 to 11125 of 2011 dated 28.9.2011. For Appellant : Mr.J.Ashok For Respondent No.1 : Mr.J.Parekhkumar For Respondent No.2 : Mr.N.S.Karthikeyan Additional Government Pleader

JUDGMENT

[Judgment of the Court was delivered by S.MANIKUMAR,J.] Challenge in this Writ Appeal is to the Order dated 03.09.2012 made in W.P.(MD).No.1717 of 2012.

2. In W.P.(MD).No.463 of 2012, etc batch, the licensee of shops have challenged the notices issued by the Assistant Commissioner, Srirangam Division, Trichirappalli City Municipal Corporation, Srirangam, Trichy, the second respondent herein. After hearing all the parties, the Writ Court, vide order dated 03.09.2012, in W.P.(MD).No.463 of 2012, etc batch, held that there are no merits in the Writ Petitions and accordingly dismissed the same. Being aggrieved by the order dated 03.09.2012, made in W.P. (MD).No.1717 of 2012, one of the Writ Petitioners has filed the present Writ Appeal.

3. Mr.J.Parekhkumar, learned counsel appearing for the first respondent submitted that the concession given to the Writ Petitioner/Appellant has not been complied with, within the time frame. Therefore, the Corporation has taken possession of shop No.6. He has also submitted that after taking possession, the shops were auctioned. As there is no bidder, the said shop No.6 is kept vacant. It is relevant to extract the last Paragraph of the Common Order made in W.P.(MD).No.463 of 2012, etc batch, dated 03.09.2012.

"30. Accordingly, all the Writ Petitions are dismissed. However, it is made clear that if the petitioners fulfil the terms and conditions of the allotment of the shops within a period of four weeks from the date of receipt of a copy of this order, they will be allowed to continue to carry on business in the shops which were originally allotted and even this order is passed only because there is an interim order of this Court with certain conditions. The petitioners are given one more opportunity to fulfil their obligations and even after four weeks, the conditions are not complied with, the respondent Corporation is at liberty to seal their shops and bring the shops for re-auction or re-tender. In respect of the persons who are defaulting subsequent to the interim orders, notice issued can be proceeded with and if they do not pay the rental advance arrears, action also can be

taken against them in addition to the earlier action. Consequently, the connected Miscellaneous Petitions are dismissed".

4. In support of his contention, the learned counsel has produced a copy of the proceedings in Na.Ka.No.A1/1255/2012, dated 29.10.2012, which is extracted hereunder:-

5. As the appellant has failed to comply with the concession granted by this Court and shop in question was also brought to auction, we are not inclined to interfere with the order dated 03.09.2012 made in W.P.(MD).No.1717 of 2012. Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.

The Commissioner, Corporation of Trichirappalli, Cantonment, Trichirappalli.

2.

The Assistant Commissioner, Srirangam Division, Trichirappalli City Municipal Corporation, Srirangam, Trichy.

+1cc to Mr. P. Srinivas, Advocate, Sr.No.18172 NB JM/GSV-PM/13.04.2016/4P/4C JUDGMENT MADE IN W.A.(MD).No.484 of 2016 30.03.2016