B.Bal Raj v. The Tanjore Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)Nos.18852, 18991, 18997, 19001, 19009, 19011, 19014, 19016, 19018, 19020, 19024, 19027, 19030, 19034, 19038, 19041 to 19047, 19049 to 19088 of 2019 and WMP(MD)Nos.15190, 15191, 15295, 15298, 15300, 15302, 15304, 15305, 15310, 15311 to 15315, 15317 to 15319, 15321 to 15323, 15325, 15326, 15329, 15330, 15333 to 15336, 15338 to 15340, 15343, 15346 to 15437 of 2019 B.Bal Raj S/o.Bommaiyan, Shop No.10, Sarfoji Market, East Gate, Thanjavur Dist ... Petitioner in WP(MD). 18852/ 2019 S.N.M. Ubaiyadullah S/o.Mohaideen Meera, North Shop No.1,8,10,14 and South Shop No.2, Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 18991/ 2019 J.Moosa Kani S/o.Jamal Mohammed, North Shop No.9, Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 18997/ 2019 N.Mohamed Rafi S/o.Nawab Jhon, Shop No.

1 (The Stair Case Shops) Rajappa Park, Thanjavur District, Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 19001/ 2019 M.Sheik Abdullh S/o.Mohammed Gani, Rajappa Park North Shop No.3 and 7, Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 19009/ 2019 M.Meera Hussain S/o.Mohammed Yasin, Rajappa Park North Shop No.2, Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 19011/ 2019 A.Nagoor Meeran S/o.Abdul Razaak, North Shop No.11 and 12 Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 19014/ 2019 M.Khan Mohammed, S/o.Mohammed Sultan, Rajappa Park Shop No.2(Stair Case Shops) Thanjavur Dist ... Petitioner in WP(MD). 19016/ 2019 B.Rabala W/o.Baranidharan, Rajappa Park Stair Case Shop No.14, Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD).

M.Abdul Karim S/o.Mydeen, Rajappa Park South Shop No.1, Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 19020/ 2019 S.Abdul Majith S/o.Syed Saakrudeen, North Shop No.4 and 5, Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 19024/ 2019 P.M.Kani S/o.N.E.Peer Mohamed, Shop No.4(Below the Stair Case) and Upstair Retiring Room No.2, Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 19027/ 2019 A.Rajeeswari W/o. Ashokan, Rajappa Park Upstairs Shop No.9, Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 19030/ 2019 M.Raja Kani S/o. Meera Hussain, North Shop No.6, Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 19034/ 2019 S.Auxillia W/o.Sebasti Raj, Rajappa Park Room No.3, Thanjavur Dist ... Petitioner in WP(MD). 19038/ 2019 S.Suresh S/o.Srinivasan, Rajappa Park North Shop No.13, Rajappa Park, Thanjavur Dist ...

Petitioner in WP(MD). 19041/ 2019 Y.Jebamalai S/o.Yagappan, Shop No.12 (Stair Case Shops), Rajappa Park, Thanjavur Dist ... Petitioner in WP(MD). 19042/ 2019 M. Rehman Beevi S/o.Mohammed Ismail,Shop No.5,Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19043/ 2019 M. Shagul Ahmed S/o.Mohammed Usain, Shop.No.10 Sarfoji Market, East Gate, Tanjore District.

... Petitioner in WP(MD). 19044/ 2019 S.M.Ponnuchamy S/o.Muthuvel Nadar, Shop No.6,Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19045/ 2019 Padmavathy W/o.Balakrishnan, Shop No.2 Sarfoji Market, East Gate, Tanjore District.

... Petitioner in WP(MD). 19046/ 2019 2/22

B. Durairaja S/o.Bommiah,Shop No.2,Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19047/ 2019 B. Venkatesan S/o.Balakrishnan, Shop No.19 Sarfoji Market, East Gate, Tanjore District.

... Petitioner in WP(MD). 19049/ 2019 M.Chennaiyan S/o.Muthaiya Naicker, Shop No.3,Sarofoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19050/ 2019 M.Gurusamy S/o.Marimuthu, Shop No.3, Sarfoji Market, East Gate, Thanjavur Dist ... Petitioner in WP(MD). 19051/ 2019 S. Mohamed Ali S/o. Sulthan Mohammed, Shop No.11 Sarfoji Market, East Gate, Tanjore District.

... Petitioner in WP(MD). 19052/ 2019 N.Shanmuganathan S/o,Nalliah,Shop No,4,Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19053/ 2019 A.Meera Moihdeen S/o.Abdul Jabbar, Shop No.8,Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19054/ 2019 M.Balraj S/o.Muthuvel Nadar, Shop.No.14,15, Sarfoji Market, East Gate, Tanjore District ... Petitioner in WP(MD). 19055/ 2019 M. Shanthi W/o. Malliappa Perumal, Shop No.24 Sarfoji Market, East Gate, Tanjore District.

... Petitioner in WP(MD). 19056/ 2019 R.Jegaveerapandian S/o.Rajagopal Nadar, Shop No.8, Sarfoji Market, East Gate, Thanjavur Dist ... Petitioner in WP(MD). 19057/ 2019 N.Karuppian, S/o.Natesh, Shop No.12,Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19058/ 2019 T.Thamaraiselvam S/o.Thangaraj, Shop No.9, Sarfoji Market, East Gate, Thanjavur Dist ... Petitioner in WP(MD). 19059/ 2019 3/22

P.Venkatesan S/o.Ponusamy Nadar, Shop.No.4, Sarfoji Market, East Gate, Tanjore District ... Petitioner in WP(MD). 19060/ 2019 R.Baskaran S/o.Ramiah,Shop No.8 Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19061/ 2019 R. Sundarakumar S/o. Ragupathi, Shop No.3 Sarfoji Market, East Gate, Tanjore District.

... Petitioner in WP(MD). 19062/ 2019 M. Salim Batcha S/o.Mohammed Maideen, Shop No.5, Sarfoji Market, East Gate, Thanjavur Dist ... Petitioner in WP(MD). 19063/ 2019 P.Ramachandran S/o.Pomminathan, Shop.No.5, Sarfoji Market, East Gate, Tanjore District ... Petitioner in WP(MD). 19064/ 2019 B.Jai Ganesh S/o.Boopathy, Shop No.1, Sarfoji Market, East Gate, Thanjavur Dist ... Petitioner in WP(MD). 19065/ 2019 V.Rajagopal S/o.Varathal Periya Nadar, Shop No.11, 12,Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19066/ 2019 P.Karthikeyan S/o. Rengaraj, Shop No.4 Sarfoji Market, East Gate, Tanjore District.

... Petitioner in WP(MD). 19067/ 2019 B.Jagadeesh S/o.Balakrishnan,Shop No.5 and 6,Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19068/ 2019 M.Sekar S/o.Mariappan, Shop.No.5, Sarfoji Market, East Gate, Tanjore District ... Petitioner in WP(MD). 19069/ 2019 N. Gunasekaran S/o.Natarajan, Shop No.2, Sarfoji Market, East Gate, Thanjavur Dist ... Petitioner in WP(MD). 19070/ 2019 P.Subash Chandra Bose S/o.Periyamuthu, Shop No.6, Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19071/ 2019 4/22

N. Palanivel S/o.Nalliah, Shop No.3 Sarfoji Market, East Gate, Tanjore District.

... Petitioner in WP(MD). 19072/ 2019 B.Vasudevan S/o.Balakrishnan, Shop.No.2, Sarfoji Market, East Gate, Tanjore District ... Petitioner in WP(MD). 19073/ 2019 N.Prabakaran S/o.Nagaraj Pillai, Shop No.6,7, Sarfoji Market, East Gate, Thanjavur Dist ... Petitioner in WP(MD). 19074/ 2019 D.Appaya Raja S/o.Duraisamy Nadar,Shop No.8 Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19075/ 2019 M.Balaji S/o.Malayaperumal, Shop No.23, Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19076/ 2019 A.K.Valayaperumal S/o.Kandhasamy Nadar, Shop.No10, Sarfoji Market, East Gate, Tanjore District ... Petitioner in WP(MD). 19077/ 2019 K.P.Mohan S/o,Palanichamy,Shop No.7 Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19078/ 2019 R. Bethuraj S/o.Rajagopal, Shop No.8 Sarfoji Market, East Gate, Tanjore District.

... Petitioner in WP(MD). 19079/ 2019 A.Balakrishnan S/o.Arumuga Nadar, Shop.No.3, Sarfoji Market, East Gate, Tanjore District ... Petitioner in WP(MD). 19080/ 2019 P.Saminathan S/o.Palanichamy Nadar,Shop No.1 Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19081/ 2019 A.C.N. Ashokan S/o.Natarajan, Shop No.2, Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19082/ 2019 M. Ahamed Batcha S/o. Mohamed Atham, Shop No.10 Sarfoji Market, East Gate, Tanjore District.

... Petitioner in WP(MD). 19083/ 2019 5/22

V.Srinivasan S/o.Vellaisamy Nadar, Shop.No.9, Sarfoji Market, East Gate, Tanjore District ... Petitioner in WP(MD). 19084/ 2019 C.Balasubramanian S/o.Chenniappa Mudaliar, Shop.No.3, Sarfoji Market, East Gate, Tanjore District ... Petitioner in WP(MD). 19085/ 2019 T. Saravana Kumar S/o.Thangarasu,Shop No.8 Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19086/ 2019 M.Thangarasu Nadar S/o.Muthusamy, Shop No.7, Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19087/ 2019 S.Sankar S/o.Subramanian,Shop No.12 Sarfoji Market, East Gate,Thanjavur District ... Petitioner in WP(MD). 19088/ 2019 Vs.

1.The Tanjore Corporation, rep.by its Commissioner, Aringnar Anna Arangam, RMH Road, Tanjore District.

2.The Managing Director, O/o.the Managing Director, Tanjore Smart City Ltd., Corporation Building, Aringnar Anna Arangam, RMH Road, Tanjore District.

3.The Director of Town and Country Planning, O/o.the Director of Town and Country Planning, 807, Anna Salai, Chennai - 02.

... Respondents in all WPs Prayer in WP(MD). 18852 of 2019:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 31.07.2019 on the file of the first respondent delivered on 8.8.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in shops in Block A,Shop Nos.10, 11, 4 and the Shops in Block No.11 Shop Nos.4, 5, 7 and Shops in Block E shop Nos.2, 3 and shops at Block OIP Shop No.4 at Sarafoji Market, East Gate, Thanjavur District without following due 6/22

process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 18991 of 2019 Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.NO.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in North shop No.1,8,10,14 and South shop No.2, Gandhiji Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 18997 of 2019 Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.

1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in North shop No.9, Rajjappa Park, Gandhiji Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19001 of 2019 Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in shop No.

1, (the stair case shops) Rajjappa Park, RMH Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19009 of 2019 Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Rajappa Park North shop No.3 and 7, Rajappa Park, Gandhiji Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19011 of 2019 Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 7/22

dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Shop No.2 at the Rajappa Park in Gandhiji Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19014 of 2019 Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in North Shop No.11 and 12, Gandhiji Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19016 of 2019 Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Rajappa Park Shop No.2 stair case shops, Rajappa park, RMH Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19018 of 2019 Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Rajapa Park South Shop No.14, Rajappa Park, Gandhiji Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19020 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Rajappa Park South shop No.1, Rajappa Park, Gandhiji Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. 8/22

Prayer in WP(MD). 19024 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in North shop No.4 and 5, Rajjappa Park, Gandhiji Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19027 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.

1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Shop No.4 (below the stair case shops) and Upstairs Retiring Room No.2, RMH road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19030 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Rajappa Park Upstairs Shop No.9, Rajappa Park, RMH Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19034 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.

1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in North Shop No.6, Rajappa Park, Gandhiji Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19038 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.

evicting the petitioner from his respective shops in Rajappa Park upstairs Room No.3, Rajappa Park, RMH Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19041 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Rajappa Park North Shop No.13, Rajappa Park, Gandhiji Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD).

19042 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9286/2019/MCA5 dt.2.8.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Shop No.12 ( Stair case shops), Rajappa Park, RMH Road, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19043 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.

2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block OIP, Shop no.5 at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19044 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt 3107-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Block B Shop.No.10 Sarfoji Market, East Gate, Tanjore District. without following the due process of law and without providing alternative shops until the completion of smart city project.

10/22

Prayer in WP(MD). 19045 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block No.E, Shop no.6 at Sarafoji market East Gate,Thanjavur dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19046 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt 3107-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Block No.5A Shop.No.2 Sarfoji Market, East Gate, Tanjore District. without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19047 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block A, Extension Shop no.2 and shops in Block C, shop no.2 and shops in Block FMR, Shop no.1 at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19049 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt 3107-2019 on the file of the respondent No.

1 delivered on 08-08-2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Block No.2 and Shop.No.19,20 at Sarfoji Market, East Gate, Tanjore District. without following the due process of law and without providing alternative shops until the completion of smart city project.

11/22

Prayer in WP(MD). 19050 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block No.D, Shop no.3 at Sarafoji market East Gate,Thanjavur dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19051 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt.31.7.2019 on the file of the respondent No.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block OIP, Shop No.3 at Sarafoji Market, East Gate, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19052 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt 3107-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Block FMR and Shop.No.11 at Sarfoji Market, East Gate, Tanjore District. without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19053 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block FMR, Shop no.4 at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19054 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 12/22

31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block No.FMR, Shop no.8,9 at Sarafoji market East Gate,Thanjavur dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19055 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block A, Extension Shop no.14,15 at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19056 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt 3107-2019 on the file of the respondent No.

1 delivered on 08-08-2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Block No.6 and Shop.No.24 and shoop in Block No.5A, Shop No.1 at Sarfoji Market, East Gate, Tanjore District. without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19057 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt.31.7.2019 on the file of the respondent No.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block 11, Shop No.8 in Block C Shop No.

7 at Sarafoji Market, East Gate, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19058 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block D, Shop no.12, at Sarafoji market East Gate,Thanjavur dt without following the due process of law and 13/22

without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19059 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt.31.7.2019 on the file of the respondent No.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block C, Shop No. 9 at Sarafoji Market, East Gate, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19060 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block C, Shop no.4, at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19061 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.

2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block E, Shop no.8 at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19062 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt 3107-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Block OIP and Shop.No.3,4 at Sarfoji Market, East Gate, Tanjore District. without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19063 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 14/22

dt.31.7.2019 on the file of the respondent No.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block A, Shop No. 5 at Sarafoji Market, East Gate, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19064 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block C, Shop no 5, at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19065 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt.31.7.2019 on the file of the respondent No.1 delivered on 08.08.

2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block A, Shop No. 1 and shops in Block C, Shop No. 5,6 at Sarafoji Market, East Gate, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19066 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block C, Shop no.

11,12, at Sarafoji market East Gate,Thanjavur dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19067 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt 3107-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Block E and Shop.No.4 at Sarfoji Market, East Gate, Tanjore District. without following the due process of law and without 15/22

providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19068 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block no.3 and Shop no.5 and 6 at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19069 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.

2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block B, Shop no 2, at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19070 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt.31.7.2019 on the file of the respondent No.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block No.1, Shop No. 2,3 at Sarafoji Market, East Gate, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19071 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block FMR, Shop. NO. 6, at Sarafoji market East Gate,Thanjavur dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19072 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt 3116/22

07-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Block A and Shop.No.3 and Shops in Block FMR, shop No.3 at Sarfoji Market, East Gate, Tanjore District. without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19073 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block F, Shop no 2,3 and the Shops in Block No.9 Shop No.6,7,8 at Sarafoji market East Gate,Thanjavur dt without following the due process..

Prayer in WP(MD). 19074 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt.31.7.2019 on the file of the respondent No.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block OIP, Shop No. 6,7 and shops in Block E, Shop No.4 and the shop in Block C, shop No.3 at Sarafoji Market, East Gate, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19075 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block OIP, Shop no.8 at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19076 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block No.5 Shop No. 1,23 and the shops in Block No. 6 Shop No. 2,23 at Sarafoji market East Gate,Thanjavur dt 17/22

without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19077 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block 2,, Shop no.9,10 and the Shops in Block No.G Shop No.7,8,9,10 and shops in BLock 6 Shop.No.1 at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19078 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.

2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block 3, Shop no.7 at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19079 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt 3107-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Block C and Shop.No.8 at Sarfoji Market, East Gate, Tanjore District.

without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19080 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block No.1 Shop.No.9,10,8,10A,12,30,31,32,34,33,7 and the shops in Block No.4 Shop.No.1,2,3 and shops in BLock No.9 Shop.No.1,2,3,at Sarafoji market East Gate,Thanjavur dt without following the due process..

Prayer in WP(MD). 19081 of 2019 Constitution of India, praying this Court to call for the records 18/22

pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block E, Shop no.1 at Sarafoji market East Gate,Thanjavur dt without following the due process. Prayer in WP(MD). 19082 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block No.2, Shop No. 1,2 and shops in Block.B, Shop No.

1, 2 at Sarafoji market East Gate,Thanjavur dt without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WP(MD). 19083 of 2019 Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dt 3107-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in Block 11 and Shop.No.10 at Sarfoji Market, East Gate, Tanjore District. without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19084 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block No.5 ,at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19085 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block No.10 and Shop No.3,4 ,at Sarafoji market East Gate,Thanjavur dt without following the due process.. 19/22

Prayer in WP(MD). 19086 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block A, Shop no.8 at Sarafoji market East Gate,Thanjavur dt without following the due process.. Prayer in WP(MD). 19087 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block No.B, Shop No. 7 at Sarafoji market East Gate,Thanjavur dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 19088 of 2019 Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of the respondent no.1 delivered on 08.08.2019 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shop in Block B, Shop no.12 at Sarafoji market East Gate,Thanjavur dt without following the due process.. For Petitioner : Mr.T.Lajapathi Roy (in all WPs) For R1 & R2 : Mr.N.Dilip Kumar (in all WPs) For R3 : Mr.M.Rajarajan (in all WPs) Government Advocate COMMON ORDER Challenging the eviction notices issued by the first respondent, the petitioners are before this Court. 2.

The shops mentioned in the respective writ petitions at Sarafoji Market, East Gate, Tanjore District, were allotted to the respective writ petitioners on rental basis and now they are in occupation of the same. While so, Thanjavur City was selected as one of the City under the Smart City Scheme of the Central Government.

other areas. According to the petitioners, if the shops in the market are demolished for renovation, the livelihood of the shopkeepers will be affected and hence, they made representations to the respondent Corporation to provide alternative shops, till the completion of the Smart City Project. However, without considering the same, the impugned notices came to be issued. Challenging the same, these writ petitions have been filed.

3.Earlier, when the matter was taken up for hearing on 13.09.2019, the learned counsel appearing for the petitioners submitted that an identical issue, challenging the eviction notice in respect of the shops in Thiruvaiyaru bus stand, Thanjavur District, is pending before the Hon'ble Division Bench of this Court in WP(MD)Nos.20247 of 2019 etc. batch, and the petitioners will abide by the order, be passed by the Hon'ble Division Bench and obtained time for production of the order copy. 4.The Hon'ble Division Bench has passed order on 20.09.2019, granting three months time for vacating and handing over possession of the premises. In line with the order of the Hon'ble Division Bench, this Court is also inclined to grant three months time from the date of undertaking to produce the order copy ie., on 13.09.2019.

5.The writ petitioners are granted time till 13.12.2019 to vacate and hand over possession of the premises. Further direction is given to the petitioners to file an affidavit of undertaking to this effect. Despite filing of the undertaking affidavit, if the petitioners do not vacate the premises and hand over possession within the time prescribed, it is open to the respondent Corporation to initiate action for eviction in accordance with law. In so far as providing alternative site is concerned, it is open to the petitioners to approach the respondents.

6.The writ petitions are disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) 21/22

To 1.The Commissioner, Tanjore Corporation, Aringnar Anna Arangam, RMH Road, Tanjore District.

2.The Director of Town and Country Planning, O/o.the Director of Town and Country Planning, 807, Anna Salai, Chennai - 02.

+1CC TO MR.N.DILIP KUMAR, Advocate Sr. No.93404 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 93511 W.P(MD)Nos.18852, 18991, 18997, 19001, 19009, 19011, 19014, 19016, 19018, 19020, 19024, 19027, 19030, 19034, 19038, 19041 to 19047, 19049 to 19088 of 2019 18.10.2019 SV-II(CO) TR(25.10.2019) 22P 5C 22/22