Tanjore Managara Thalaimai Kadaikani Varthaga Sangam v. The Tanjore Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2019 Order Reserved on:

03.10.2019, 14.10.2019, 18.10.2019 and 22.10.2019 Common Order delivered on:

23.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD) Nos.21204, 21496, 21501, 21584, 21585, 21587, 21589, 21592 to 21610, 21612, 21613, 21615, 21617 to 21620, 21624, 21629, 21633, 22026, 22030, 22038, 22040, 22041, 22044, 22047 to 22049, 22051, 22052, 22076, 22080, 22083, 22087, 22090, 22331 and 22348 of 2019 and W.M.P.(MD) Nos.17845 of 2019 in W.P.(MD) No.21204 of 2019 and W.M.P.(MD) Nos.18157, 18159 of 2019 in W.P.(MD) No.21496 of 2019 and W.M.P.(MD) Nos.18160, 18161 of 2019 in W.P.(MD) No.21501 of 2019 and W.M.P.(MD) Nos.18258, 18259 of 2019 in W.P.(MD) No.21584 of 2019 and W.M.P.(MD) Nos.18260, 18262 of 2019 in W.P.(MD) No.21585 of 2019 and W.M.P.(MD) Nos.18263, 18264 of 2019 in W.P.(MD) No.21587 of 2019 and W.M.P.(MD) Nos.18265, 18266 of 2019 in W.P.(MD) No.21589 of 2019 and W.M.P.(MD) Nos.

18268, 18270 of 2019 in W.P.(MD) No.21592 of 2019 and W.M.P.(MD) Nos.18271, 18272 of 2019 in W.P.(MD) No.21593 of 2019 and W.M.P.(MD) Nos.18273, 18274 of 2019 in W.P.(MD) No.21594 of 2019 and W.M.P.(MD) Nos.18276, 18277 of 2019 in W.P.(MD) No.21595 of 2019 and W.M.P.(MD) Nos.18278, 18280 of 2019 in W.P.(MD) No.21596 of 2019 and W.M.P.(MD) Nos.18275, 18279 of 2019 in W.P.(MD) No.21597 of 2019 and W.M.P.(MD) Nos.18281, 18282 of 2019 in W.P.(MD) No.21598 of 2019 and W.M.P.(MD) Nos.18283, 18284 of 2019 in W.P.(MD) No.21599 of 2019 and W.M.P.(MD) Nos.18285, 18286 of 2019 in W.P.(MD) No.21600 of 2019 and W.M.P.(MD) Nos.18288, 18291 of 2019 in W.P.(MD) No.21601 of 2019 and W.M.P.(MD) Nos.18287, 18289 of 2019 in W.P.(MD) No.21602 of 2019 and W.M.P.(MD) Nos.18290, 18292 of 2019 in W.P.(MD) No.21603 of 2019 and W.M.P.(MD) Nos.

18294, 18295 of 2019 in W.P.(MD) No.21604 of 2019 and W.M.P.(MD) Nos.18297, 18299 of 2019 in W.P.(MD) No.21605 of 2019 and W.M.P.(MD) Nos.18296, 18298 of 2019 in W.P.(MD) No.21606 of 2019 and W.M.P.(MD) Nos.18300, 18302 of 2019 in W.P.(MD) No.21607 of 2019 and W.M.P.(MD) Nos.18303, 18304 of 2019 in W.P.(MD) No.21608 of 2019 and W.M.P.(MD) Nos.18306, 18307 of 2019 in W.P.(MD) No.21609 of 2019 and W.M.P.(MD) Nos.18309, 18310 of 2019 in W.P.(MD) No.21610 of 2019 and W.M.P.(MD) Nos.18312, 18313 of 2019 in W.P.(MD) No.21612 of 2019 and W.M.P.(MD) Nos.18314, 18320 of 2019 in W.P.(MD) No.

and W.M.P.(MD) Nos.18317, 18319 of 2019 in W.P.(MD) No.21615 of 2019 and W.M.P.(MD) Nos.18322, 18323 of 2019 in W.P.(MD) No.21617 of 2019 and W.M.P.(MD) Nos.18325, 18326 of 2019 in W.P.(MD) No.21618 of 2019 and W.M.P.(MD) Nos.18327, 18328 of 2019 in W.P.(MD) No.21619 of 2019 and W.M.P.(MD) Nos.18329, 18330 of 2019 in W.P.(MD) No.21620 of 2019 and W.M.P.(MD) Nos.18333, 18334 of 2019 in W.P.(MD) No.21624 of 2019 and W.M.P.(MD) Nos.18336, 18337 of 2019 in W.P.(MD) No.21629 of 2019 and W.M.P.(MD) Nos.18340, 18341 of 2019 in W.P.(MD) No.21633 of 2019 and W.M.P.(MD) Nos.18785, 18786 of 2019 in W.P.(MD) No.22026 of 2019 and W.M.P.(MD) Nos.18788, 18789 of 2019 in W.P.(MD) No.22030 of 2019 and W.M.P.(MD) Nos.18814, 18816 of 2019 in W.P.(MD) No.22038 of 2019 and W.M.P.(MD) Nos.18793, 18794 of 2019 in W.P.(MD) No.22040 of 2019 and W.M.P.(MD) Nos.

18796, 18797 of 2019 in W.P.(MD) No.22041 of 2019 and W.M.P.(MD) Nos.18802, 18804 of 2019 in W.P.(MD) No.22044 of 2019 and W.M.P.(MD) Nos.18810, 18811 of 2019 in W.P.(MD) No.22047 of 2019 and W.M.P.(MD) Nos.18812, 18813 of 2019 in W.P.(MD) No.22048 of 2019 and W.M.P.(MD) Nos.18815, 18817 of 2019 in W.P.(MD) No.22049 of 2019 and W.M.P.(MD) Nos.18818, 18819 of 2019 in W.P.(MD) No.22051 of 2019 and W.M.P.(MD) Nos.18820 to 18822 of 2019 in W.P.(MD) No.22052 of and W.M.P.(MD) Nos.18844, 18845 of 2019 in W.P.(MD) No.22076 of 2019 and W.M.P.(MD) Nos.18848, 18849 of 2019 in W.P.(MD) No.22080 of 2019 and W.M.P.(MD) Nos.18853, 18854 of 2019 in W.P.(MD) No.22083 of 2019 and W.M.P.(MD) Nos.18860, 18861 of 2019 in W.P.(MD) No.22087 of 2019 and W.M.P.(MD) Nos.18863, 18865 of 2019 in W.P.(MD) No.22090 of 2019 and W.M.P.(MD) No.19096, 19094 of 2019 in W.

P.(MD) No.22331 of 2019 and W.M.P.(MD) No.19115, 19111 of 2019 in W.P.(MD) No.22348 of 2019 Tanjore Managara Thalaimai Kadaikani Varthaga Sangam, Rep by its President S.Dharmaraj, S/o. Subramaniapillai, Shop No.11, Kamaraj Market, Vadakurajaram, Tanjore District.

... Petitioner in WP(MD). 21204/ 2019 M.Manokaran S/o.Manickam,Shop No.4 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21496/ 2019 A.R.Karthik S/o.Arjunan,Shop No.12 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21501/ 2019 K.Mariappan S/o.Kandhasamy Chettiyar, Shop No.4 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21584/ 2019 A.Murugesan S/o.Appavu ,Shop No.3 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21585/ 2019 2/35

M.Vijaya Geetha W/o. Murugesan ,Shop No.4 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21587/ 2019 A. Balasubramanian S/o. Arumugam ,Shop No.2 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21589/ 2019 M.Anwar Sharif, S/o. Mohammed Kadharali ,Shop No.2 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21592/ 2019 G.R.Lakshmi Priya S/o.Rajasekar, Shop No.3 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21593/ 2019 M.Anwar Sharif, S/o. Mohammed Kadhar, ,Shop No.6 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21594/ 2019 C.Sankari, S/o.S.Chidambaram, Shop No.7, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21595/ 2019 S. Chellapan S/o. Somasundaram Chettiyar, ,Shop No.

2 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21596/ 2019 S.Swetha Gomathi D/o.Chidambaram, Shop No.5, Kamaraj Market, Vadakuajaram, Thanjavur Dist ... Petitioner in WP(MD). 21597/ 2019 A.Manikandan S/o.Ayyadurai, Shop No.8, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21598/ 2019 N. Kirubakaran S/o. Natarajan, Shop No.8 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21599/ 2019 N.Govindarajan S/o.Neelamegam, Shop No.13, Kamaraj Market, Vadakuajaram, Thanjavur Dist ... Petitioner in WP(MD). 21600/ 2019 K.Meenakshi Sundaram S/o.Krishnasamy, Shop No.5, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21601/ 2019 V. Rajendran S/o. Vaithyalingam, Shop No.6 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD).

M.Muniyan S/o.M.Muthu, Shop No.10, Kamaraaj Market, Vadakuajaram, Thanjavur Dist ... Petitioner in WP(MD). 21603/ 2019 S. Guruprasad S/o. Shanmugam, Shop No.15 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21604/ 2019 G.Rajasekar S/o.A.Govindasamy, Shop No.4, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21605/ 2019 K.Chidambaram S/o.Kathiresan, Shop No.10, Kamaraaj Market, Vadakuajaram, Thanjavur Dist ... Petitioner in WP(MD). 21606/ 2019 V.Subramanian S/o.Velayutham,Shop No,1, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21607/ 2019 S.Chellappan S/o.Somasundaram Chettiyar, Shop No.1, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21608/ 2019 A.Venkatesh S/o.G.Arjunan, Shop No,11, Kamaraj Market, Vadakuajaram, Tanjore District ...

Petitioner in WP(MD). 21609/ 2019 A.Sathiya Moorthy S/o.Ayyadurai, Shop No.1, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21610/ 2019 N.Govindarajan S/o.Neelamegam, Shop No,12, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21612/ 2019 S.K.M.Kumaran S/o.Mariappan,Shop No.5, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21613/ 2019 P.Jeyakandhan D/o.Padmanaban Shop No,6 Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21615/ 2019 S.A.Mathialagan S/o.Angamuthu Moopanar, Shop No.5, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD).

L.Shanmugam S/o.T.M.Lakshmanan, Shop.No.7, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21618/ 2019 M.Mariappan, S/o.Muthurathinam, Shop.No.9, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21619/ 2019 N.T.Malkaj, S/o.Sathappan Chettiar, Shop.No.5, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21620/ 2019 T.Natarajan S/o.Thangarasu,Shop.No.6, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21624/ 2019 R.Abirami Sundari W/o.Rajasekaran, Shop.No.8, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21629/ 2019 T.V.S.Vadivel S/o.Singarampillai, Shop.No.3, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner in WP(MD). 21633/ 2019 S.Murugesan S/o.S.Seenivasan, Shop.No.

7, Kamaraj Market, Vadakuajaram, Thanjore District ... Petitioner in WP(MD). 22026/ 2019 D. Chinnasamy S/o.Dhanushkodi, Shop.No.12, Kamaraj Market, Vadakuajaram, Thanjore District ... Petitioner in WP(MD). 22030/ 2019 G.S.Varatharajan S/o.Santhana Krishnan, Shop.No.9, Kamaraj Market, Vadakuajaram, Thanjore District ... Petitioner in WP(MD). 22038/ 2019 D.M.Sudhakar S/o.Manohar, Shop.No.10, Kamaraj Market, Vadakuajaram, Thanjore District ... Petitioner in WP(MD). 22040/ 2019 C.Vinoth Kumar S/o.Chinnasamy, Shop.No.3, Kamaraj Market, Vadakuajaram, Thanjore District ... Petitioner in WP(MD). 22041/ 2019 D.Manoharan S/o.Durai Nattar, Shop.No.9, Kamaraj Market, Vadakuajaram, Thanjore District ... Petitioner in WP(MD).

M.Palani S/o.Mahadevan, Shop No.4, Kamaraj Market, Vadakuajaram, Thanjavur Dist ... Petitioner in WP(MD). 22047/ 2019 R.Durai Raj S/o.Renga Raj, Shop No.1, Kamaraj Market, Vadakuajaram, Thanjavur Dist ... Petitioner in WP(MD). 22048/ 2019 M.Hari Balan S/o.Murali, Shop No.1, Kamaraj Market, Vadakuajaram, Thanjavur Dist ... Petitioner in WP(MD). 22049/ 2019 P.Jeganathan S/o.Parthasarathy, Shop.No.3, Kamaraj Market, Vadakuajaram, Thanjore District ... Petitioner in WP(MD). 22051/ 2019 S.Varadharajan S/o.Sundar Rajan, Shop No.9, Kamaraj Market, Vadakuajaram, Thanjavur Dist ... Petitioner in WP(MD). 22052/ 2019 M.G.Muralidharan S/o.Ganesan Chettiar, Shop.No.11,Kamaraj Market, Vadakuajaram, Thanjore District ... Petitioner in WP(MD). 22076/ 2019 V.Mahadevan S/o.Veluchamy,Shop.No.13, Kamaraj Market, Vadakuajaram, Thanjore District ...

Petitioner in WP(MD). 22080/ 2019 P.Ashok S/o.Ponnuchamy,Shop.No.5, Kamaraj Market, Vadakuajaram, Thanjore District ... Petitioner in WP(MD). 22083/ 2019 S.Mariappan S/o.Solaiappan , Shop.No.8, Kamaraj Market, Vadakuajaram, Thanjore District ... Petitioner in WP(MD). 22087/ 2019 S.Siva S/o.Selvaraj,Shop.No.7, Kamaraj Market, Vadakuajaram, Thanjore District ... Petitioner in WP(MD).

1. S.Ayyadurai S/o.Sundaram Pillai, Kamaraj Market, Vadakuajaram, Tanjore District

2. G.Jeyakumar, S/o. Govindarajan Kamaraj Market, Vadakuajaram, Tanjore District 6/35

3. G.Balan, S/o.Sundaram Pillai Kamaraj Market, Vadakuajaram, Tanjore District

4. R.Sundar S/o.Ramasamy Kamaraj Market, Vadakuajaram, Tanjore District

5. R.Dhanasekar S/o.Raman, Kamaraj Market, Vadakuajaram, Tanjore District

6. M.Aandaprabhu S/o.Madasamy, Kamaraj Market, Vadakuajaram, Tanjore District

7. S.Sruesh S/o.Selvan, Kamaraj Market, Vadakuajaram, Tanjore District

8. A.Duraisamy S/o.Ayyan Perumal, Kamaraj Market, Vadakuajaram, Tanjore District

9. G.Siva S/o.Govindarajan, Kamaraj Market, Vadakuajaram, Tanjore District

10. D.Murugan S/o. Damodran, Kamaraj Market, Vadakuajaram, Tanjore District

11. R.Gurusamy S/o.Raj Chettiyar, Kamaraj Market, Vadakuajaram, Tanjore District

12. K.Subbaiya, S/o.Krishnan, Kamaraj Market, Vadakuajaram, Tanjore District

13. S.Krishnamoorthy, S/o. Subbiayah, Kamaraj Market, Vadakuajaram, Tanjore District

14. R.Ambibathy S/o.Rasu Thevar, Kamaraj Market, Vadakuajaram, Tanjore District

15. R.Indhu Rani W/o. Rasu Thevar, Kamaraj Market, Vadakuajaram, Tanjore District

16. V.Sridhar S/o. Venkatachalam, Kamaraj Market, Vadakuajaram, Tanjore District

17. N.Pandiyan S/o.Masilamani, Kamaraj Market, Vadakuajaram, Tanjore District

18. Jeyachandran S/o.Senthilmoorothy, Kamaraj Market, Vadakuajaram, Tanjore District 7/35

19. D.Jancy Rani, W/o. Selvan, Kamaraj Market, Vadakuajaram, Tanjore District

20. Rethinamoorthy S/o.Raju, Kamaraj Market, Vadakuajaram, Tanjore District

21. D.Prasanna S/o. Devadoss, Kamaraj Market, Vadakuajaram, Tanjore District

22. P.Devadass S/o.Bakkirisamy, Kamaraj Market, Vadakuajaram, Tanjore District

23. Thothar Samy S/o. Susai, Kamaraj Market, Vadakuajaram, Tanjore District

24. M.Raju, S/o. Mickel, Kamaraj Market, Vadakuajaram, Tanjore District

25. Leving Balaji S/o. Kumaraguru, Kamaraj Market, Vadakuajaram, Tanjore District

26. K.Meena Mahalakshmi S/o.Kumaravel, Kamaraj Market, Vadakuajaram, Tanjore District

27. Kumaravel S/o. Rengasamy, Kamaraj Market, Vadakuajaram, Tanjore District

28. A.Marimuthu S/o.Arumugam, Kamaraj Market, Vadakuajaram, Tanjore District

29. S.Baskaran, S/o.Sundram Pillai, Kamaraj Market, Vadakuajaram, Tanjore District

30. S.Palanivel, S/o.Sethu, Kamaraj Market, Vadakuajaram, Tanjore District

31. Saravanan S/o. Murugesan, Kamaraj Market, Vadakuajaram, Tanjore District

32. S.Murugesan S/o.Sethu, Kamaraj Market, Vadakuajaram, Tanjore District

33. Balasubramaniyan S/o. Ayyan Perumal, Kamaraj Market, Vadakuajaram, Tanjore District

34. S.Ramesh S/o. Selvaraj, Kamaraj Market, Vadakuajaram, Tanjore District

35. Bhuvaneeswari W/o. Eswaramoorthy, Kamaraj Market, Vadakuajaram, 8/35

Tanjore District

36. R.Senthamil Selvan, S/o. Ramachandran, Kamaraj Market, Vadakuajaram, Tanjore District

37. R.Vadivel S/o. Rajendran, Kamaraj Market, Vadakuajaram, Tanjore District

38. Thanavel S/o. Archanan, Kamaraj Market, Vadakuajaram, Tanjore District

39. Muthukumaran S/o. G.Nagaraj Pillai, Kamaraj Market, Vadakuajaram, Tanjore District

40. N.Selvakumar S/o. Nagaraj Pillai, Kamaraj Market, Vadakuajaram, Tanjore District

41. S.Kumar S/o. Samnthmoorthy Pillai, Kamaraj Market, Vadakuajaram, Tanjore District

42. S.Arockiyadas S/o.Savari Muthu, Kamaraj Market, Vadakuajaram, Tanjore District

43. P.Thiru Gnanam, S/o. Pandiyan, Kamaraj Market, Vadakuajaram, Tanjore District

44. R.Thiurmoorthy S/o.Raj Pillai, Kamaraj Market, Vadakuajaram, Tanjore District

45. Balamurugan, S/o.Subramania Chettiyar, Kamaraj Market, Vadakuajaram, Tanjore District

46. Karthikeyan S/o. Ashokan, Kamaraj Market, Vadakuajaram, Tanjore District

47. A.Balaji S/o. Ayyasamy, Kamaraj Market, Vadakuajaram, Tanjore District ... Petitioner(s) in WP(MD). 22331/ 2019

1. B. Mahendran S/o.N.Balan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

2. K.Nirmal Raj S/o.Kulainthaisamy, Kamaraj Market, Vadakuajaram, Thanjavur Dist

3. S.Sundar Rajan S/o.Subbiah, Kamaraj Market, Vadakuajaram, Thanjavur Dist

4. G.Baskar, S/o.Ganapathy, Kamaraj Market, Vadakuajaram, Thanjavur Dist

5. P.Backiyam W/o.Balakrishnan, Kamaraj Market, Vadakuajaram, Thanjavur Dist 9/35

6. S.Karpagam, W/o.N.Sakthi, Kamaraj Market, Vadakuajaram, Thanjavur Dist

7. N.Venkateeswaran S/o.Nagarajan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

8. S.Venkatesan S/o.Sekar, Kamaraj Market, Vadakuajaram, Thanjavur Dist

9. R.Selvam S/o.Ramyan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

10. D.Samudhiram W/o.Dharmalingam, Kamaraj Market, Vadakuajaram, Thanjavur Dist

11. R.Thirumoorthy S/o.Ramasamy, Kamaraj Market, Vadakuajaram, Thanjavur Dist

12. V.Srinivasan S/o.Vadivelu, Kamaraj Market, Vadakuajaram, Thanjavur Dist

13. S.Arumugam S/o.Sundaram Pillai, Kamaraj Market, Vadakuajaram, Thanjavur Dist

14. R.Mathiazhagan S/o.Rajagopal, Kamaraj Market, Vadakuajaram, Thanjavur Dist

15. T.Selvam S/o.Thangavelu, Kamaraj Market, Vadakuajaram, Thanjavur Dist

16. K.Raju S/o.Kuttal, Kamaraj Market, Vadakuajaram, Thanjavur Dist

17. P.Suresh S/o.Pandiyan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

18. G.Kumar S/o.Ganesan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

19. G.Murugesan S/o.Ganesan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

20. G.Saravanan S/o.Ganesan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

21. G.Iyyappan, S/o.Ganesan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

22. G.Ramachandran S/o.Ganesan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

23. M.Kathiresan S/o.Manickam, Kamaraj Market, Vadakuajaram, Thanjavur Dist

24. K.Arivuazhagan, S/o.Kaliamoorthy, Kamaraj Market, Vadakuajaram, Thanjavur Dist

25. K.Pannerselvam S/o.Kaliaperumal, Kamaraj Market, Vadakuajaram, Thanjavur Dist

26. R.Kumaresan S/o.Ramadass, Kamaraj Market, Vadakuajaram, Thanjavur Dist

27. R.Kanagaraj S/o.Ramadass, Kamaraj Market, Vadakuajaram, Thanjavur Dist

28. K.Ramadass S/o.Kaliaperumal, Kamaraj Market, Vadakuajaram, Thanjavur Dist

29. M.Gopinathan S/o.Muthiayan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

30. R.Venkatachalam, S/o.Ramasamy, Kamaraj Market, Vadakuajaram, Thanjavur Dist 10/35

31. A.Murugan S/o.Anantha Gopal, Kamaraj Market, Vadakuajaram, Thanjavur Dist

32. A.Kaliaperumal S/o.Angappapillai, Kamaraj Market, Vadakuajaram, Thanjavur Dist

33. R.Balasubramanian S/o.Ramadass, Kamaraj Market, Vadakuajaram, Thanjavur Dist

34. N.Neelamegam S/o.Natesan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

35. P.Ramesh S/o.Paramasivam, Kamaraj Market, Vadakuajaram, Thanjavur Dist

36. E.Ramesh S/o.Esakki Muthu, Kamaraj Market, Vadakuajaram, Thanjavur Dist

37. R.Kalyanasundaram S/o.Ramasamy, Kamaraj Market, Vadakuajaram, Thanjavur Dist

38. V.Mahadevan S/o.Veluchamy, Kamaraj Market, Vadakuajaram, Thanjavur Dist

39. M.Ganesan S/o.Mahadevan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

40. M.Palani Kumar S/o.Mahadevan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

41. G.Munniyan S/o.Gopal, Kamaraj Market, Vadakuajaram, Thanjavur Dist

42. K.Mohandas S/o.Krishnasamy, Kamaraj Market, Vadakuajaram, Thanjavur Dist

43. P.Sundar S/o.Palani, Kamaraj Market, Vadakuajaram, Thanjavur Dist

44. A.Sivakumar S/o.Arumugam, Kamaraj Market, Vadakuajaram, Thanjavur Dist

45. G.Babu S/o.Govindaraj, Kamaraj Market, Vadakuajaram, Thanjavur Dist

46. N.Sakthi S/o.Neelamegam, Kamaraj Market, Vadakuajaram, Thanjavur Dist

47. R.Dhanalakshmi W/o.Ramadass, Kamaraj Market, Vadakuajaram, Thanjavur Dist

48. C.M.Subramanian, S/o.Manickam, Kamaraj Market, Vadakuajaram, Thanjavur Dist

49. P.Pandian S/o.Punniyamoorthy, Kamaraj Market, Vadakuajaram, Thanjavur Dist

50. T.Muthukumar S/o.A.Thulasi Ram, Kamaraj Market, Vadakuajaram, Thanjavur Dist

51. G.Saravanan S/o.Ganesan, Kamaraj Market, Vadakuajaram, Thanjavur Dist

52. K.Jayaram S/o.Karuppiah, Kamaraj Market, Vadakuajaram, Thanjavur Dist

53. K.Rajeeswari W/o.Kalimuthu, Kamaraj Market, Vadakuajaram, Thanjavur Dist

54. P.Venkatesan S/o.Periyasamy, Kamaraj Market, Vadakuajaram, Thanjavur Dist ... Petitioner(s) in WP(MD). 22348/ 2019 11/35

-vs1.The Tanjore Corporation, Rep. by its Commissioner, Aringar Anna Arangam, RMH Road, Tanjore District.

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

3.The Archeological Survey of India, Rep. by its Superintending Archeologist, Chennai Circle, Fort St. George, Chennai.

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

... Respondents IN W.P.(MD) Nos.21204, 21496, 21501, 21584, 21585, 21587, 21589, 21592 to 21610, 21612, 21613, 21615, 21617 to 21620, 21624, 21629, 21633 of 2019

1. The Tanjore Corporation Rep.By its Commissioner, Aringar Anna Arangam, Rmh Road, Thanjore District

2. The Managing Director Tanjore Smart City Ltd., Corporation Building, Aringar Anna Arangam, Rmh Road, Thanjore District

3. The Commissioner of Archeology, Department of Archeology, Tamil Valarchi Valagam, Halls Road,Chennai

4. The District Archeological Officer, the Department of Archeology, East Raja Veedhi, Sarja Maadi, Tanjore District -1 5.The Director of Town and Country Planning,, 807, Anna Salai, Chennai-2 ... Respondent(s) in WP(MD) Nos. 22026, 22030, 22038, 22040, 22041, 22044, 22047, 22048, 22049, 22051, 22052, 22076, 22080, 22083, 22087, 22090, 22331, 22348/ 2019 Prayer in WP(MD). 21204 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records pertaining to the impunged order in Na.Ka.No.9287/2019/MCA5 dated 27-09-2019 on the file of the Respondent No.1 and quash the same as illegal and consequently forbearing the respondnts 1 and 2 from evicting the members of petitioners association from their respective shops at Kamaraj Market, Vadakuajaram, Tanjore District without following the due process of law and without providing alternative shops until the completion of smart city project. 12/35

Prayer in WP(MD). 21496 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block 1 to 15 shop no.4 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 21501 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block 73 to L shop no.12 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 21584 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block B Shop No.

4, at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 21585 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block A Shop No.3 at Kamaraj Market, Vadakuajaram, 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). 21587 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 on the file of the respondent No.1 and quash the same as illegal and consequently forbearing the respondents 1 and 2 from 13/35

evicting the petitioner from their respective shops in block A Shop No.4 at Kamaraj Market, Vadakuajaram, 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). 21589 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block B Shop No.

2 at Kamaraj Market, Vadakuajaram, 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). 21592 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block A Shop No.2 at Kamaraj Market, Vadakuajaram, 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).

21593 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block A Shop No.3, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 21594 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block 1 to 15 Shop No.6 at Kamaraj Market, Vadakuajaram, 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). 21595 of 2019 Writ Petition is filed under Article 226 of the 14/35

Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block A Shop No.7, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 21596 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block F3 Shop No.2 at Kamaraj Market, Vadakuajaram, 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). 21597 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in Block A Shop No.5 at Kamaraj Market, Vadakuajaram, 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). 21598 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block A Shop No.

8, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 21599 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block 73 to L Shop No.8 at Kamaraj Market, Vadakuajaram, Tanjore District without following the due process of law and without providing alternative 15/35

shops until the completion of smart city project Prayer in WP(MD). 21600 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in Block 1 to 15 Shop No.13 at Kamaraj Market, Vadakuajaram, 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). 21601 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To call for the records pertaining to the impugned order in Na.Ka.no.

9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block F3 Shop No.5, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 21602 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block B Shop No.6 at Kamaraj Market, Vadakuajaram, 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). 21603 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in Block F3 Shop No.10 at Kamaraj Market, Vadakuajaram, 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). 21604 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 on the file of the respondent No.

illegal and consequently forbearing the respondents 1 and 2 from evicting the petitioner from their respective shops in block 1 to 15 Shop No.15 at Kamaraj Market, Vadakuajaram, 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). 21605 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block A Shop No.4, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 21606 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in Block A Shop No.10 at Kamaraj Market, Vadakuajaram, 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). 21607 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block F2 Shop no.1 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 21608 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block F3 Shop No.

1, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 21609 of 2019 17/35

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block 73 TO L Shop no.11 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 21610 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block B Shop No.1, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 21612 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block 1 to 15 Shop no.12 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 21613 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block B Shop No.5, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WP(MD). 21615 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block F2 Shop no.6 at kamaraj market, vadakuajaram, tanjore dt without following 18/35

the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 21617 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block 73 TO L Shop no.5 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD).

21618 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block 1 to 15 Shop no.7 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 21619 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block A Shop no.9 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 21620 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block 1 to 15 Shop no.

5 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 21624 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.

29.07.2019 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 their respective shops in block 73 to L Shop no.6 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 21629 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block B Shop no.

8 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 21633 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.no.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in block 73 to L Shop no.3 at kamaraj market, vadakuajaram, tanjore dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD).

22026 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.29/07/2019 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 their respective shops in Block 73 to L Shop.No.7, at Kamaraj Market, Vadakuajaram, 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). 22030 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.29/07/2019 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 their respective shops in Block K Shop.No.

Prayer in WP(MD). 22038 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.29/07/2019 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 their respective shops in Block F1 Shop.No.9, at Kamaraj Market, Vadakuajaram, 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). 22040 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.

29/07/2019 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 their respective shops in Block 73 to L Shop.No.10, at Kamaraj Market, Vadakuajaram, 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). 22041 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.29/07/2019 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 their respective shops in Block F1 Shop.No.

3, at Kamaraj Market, Vadakuajaram, 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). 22044 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.29/07/2019 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 their respective shops in Block 73 to L Shop.No.9, at Kamaraj Market, Vadakuajaram, 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).

22047 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 on the file of the respondent No.

evicting the petitioner from their respective shops in block F1, Shop No.4, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 22048 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in Block 73 to L Shop No.

1, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD). 22049 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in Block F1 Shop No.1, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD).

22051 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.29/07/2019 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 their respective shops in Block B Shop.No.3, at Kamaraj Market, Vadakuajaram, 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). 22052 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records pertaining to the impugned order in Na.Ka.No.9287/2019/MCA5 dated 29.07.2019 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 their respective shops in Block 1 to 15 Shop No.9, at Kamaraj Market, Vadakuajaram, Tanjore Dt without following the due process of law and without providing alternative shops until the completion of smart city project Prayer in WP(MD).

Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.29/07/2019 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 their respective shops in Block K Shop.No.11, at Kamaraj Market, Vadakuajaram, 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). 22080 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.29/07/2019 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 their respective shops in Block K Shop.No.13, at Kamaraj Market, Vadakuajaram, 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). 22083 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.29/07/2019 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 their respective shops in Block F1 Shop.No.

5, at Kamaraj Market, Vadakuajaram, 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). 22087 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.29/07/2019 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 their respective shops in Block F3 Shop.No.8, at Kamaraj Market, Vadakuajaram, 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).

22090 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Na.Ka.No.9287 / 2019 / MCA5 dt.29/07/2019 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 their respective shops in Block B Shop.No.

shops until the completion of smart city project Prayer in WP(MD). 22331 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Forbearing the respondents 1 and 2 from evicting the petitioners from their respective ground rent shops at Kamaraj Market, Vadakuajaram, Tanjore District without following the due process of law and without providing alternative accommodation until the completion of smart city project and consequently direct the respondents 1 and 2 to re-induct the petitioners after the completion of the Smart City Project without resorting to public auction.

Prayer in WP(MD). 22348 of 2019 Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Forbearing the respondents 1 and 2 from evicting the petitioners from their respective grounds rent shops at Kamaraj Market, Vadakuajaram, Thanjavur district without following the due process of law and without providing alternative accommodation until the completion of smart city project and consequently direct the respondents 1 and 2 to re-induct the petitioners after the completion of the Smart City Project without resorting to public auction.

For Petitioner :

Mr.T.Lajapathi Roy (in all WPs) For Respondents 1 and 2 :

Mr.N.Dilipkumar Standing Counsel (in all WPs) For 3rd Respondent :

Mr.G.Rajaraman Central Government Standing Counsel in W.P.(MD) Nos.21204, 21496, 21501, 21584, 21585, 21587, 21589, 21592 to 21610, 21612, 21613, 21615, 21617 to 21620, 21624, 21629, 21633 of 2019 For 4th Respondent :

Mr.S.Angappan Government Advocate in W.P.(MD) Nos.21204, 21496, 21501, 21584, 21585, 21587, 21589, 21592 to 21610, 21612, 21613, 21615, 21617 to 21620, 21624, 21629, 21633 of 2019 24/35

For R3 & R4 : Mr.I. Irulappan, CGSC IN W.P.(MD) 22026, 22030, 22038, 22040, 22041, 22044, 22047 to 22049, 22051, 22052, 22076, 22080, 22083, 22087, 22090, 22331 and 22348 of 2019 For R5 : Mr.K.Baskara Pandian IN W.P.(MD) 22026, 22030, 22038, 22040, 22041, 22044, 22047 to 22049, 22051, 22052, 22076, 22080, 22083, 22087, 22090, 22331 and 22348 of 2019 COMMON ORDER [Common Order of the Court was made by T.S.SIVAGNANAM, J.] W.P.(MD) No.21204 of 2019 has been filed by a Society registered under the Tamil Nadu Societies Registration Act, 1975 bearing No.SRG/Thanjavur/8/2019. The affidavit filed in support of the Writ Petition has been sworn to by Mr.S.Dharmaraj, who is the President of the petitioner Society.

2.The prayer sought for in W.P.(MD) No.21204 of 2019 is to quash the order passed by the first respondent, the Commissioner of Thanjavur Municipal Corporation dated 27.09.2019, which is the final notice issued by the Corporation directing members of the petitioner association in W.P.(MD) No.21204 of 2019, who are the petitioners in other Writ Petitions, to vacate the premises in their occupation, where they were carrying on sale of Vegetables. The prayer sought for in the other Writ Petitions is to quash the order passed by the first respondent, the Commissioner of Thanjavur Municipal Corporation dated 29.07.

2019, which is the notice issued by the Corporation directing the petitioners to pay the rent, electricity charges and other taxes to the Corporation within 7 days since the Corporation is going to take back the possession of the shops. 3.W.P.(MD) No.21204 of 2019 was heard by us and orders have been reserved on 03.10.2019. On 14.10.2019, since it was requested by the learned counsel on either side that W.P.(MD) Nos.21496, 21501, 21584, 21585, 21587, 21589, 21592 to 21610, 21612, 21613, 21615, 21617 to 21620, 21624, 21629 and 21633 of 2019 can be decided on the same lines and the matters may be tagged along with W.P.(MD) No.21204 of 2019 and a common order can be passed in all the cases as the prayer sought for is identical, the said writ petitions are tagged along with W.P.(MD) No.

21204 of 2019 and a common order is being passed in all the cases. W.P.(MD) Nos.

22083, 22087 and 22090 of 2019 were heard by us and orders were reserved on 18.10.2019. Further, W.P.(MD) Nos.22331 and 22348 of 2019 were heard by us and orders were reserved on 22.10.2019. 4.The President of the petitioner Association submits that shops in Block Nos.1 to 15, Shop No.11, at Kamaraj Market was originally allotted to his father and after his demise, the petitioner, who is the President of the petitioner association, is presently in occupation of the said shops and he has been paying rent to the Corporation. It is further submitted that there are 93 permanent shops and 212 vendors have been permitted to vend their articles on payment of ground rent. It is submitted that on an average there are 4 to 6 employees working in each shops and approximately about 2000 people are under direct and indirect employment in the market. It is submitted that Thanjavur City was selected as one of the cities under the Smart City Scheme of the Central Government and substantial funds have been sanctioned for the renovation of the Kamaraj Market.

5.The petitioners would state that if the market is demolished for renovation, the livelihood of the shopkeepers would be affected and the people who come to the market from various parts of Thanjavur Town will also be put to great difficulty. The petitioners would further state that they have no difference of opinion about Thanjavur Town getting more developed and becoming a smart city under the Scheme promoted by the Central Government. Equally, there is no doubt that the quality of life of the people of Thanjavur will be improved under the scheme. The petitioner has assured that their members will give full cooperation to the first respondent Corporation for the developmental work of the market under the Smart City Scheme. Having stated so, they have approached this Court apprehending that their livelihood would be affected and they will be forcibly thrown out of their occupation and the traders who are selling their articles on payment of ground rent would also be summarily evicted.

6.The petitioners have drawn reference to the orders passed by this Court in Writ Petitions filed by traders/license holders of Municipal shops in Madurai City, Tirunelveli City, Tuticorin City, where the Smart City Project is to be implemented. Further, the petitioners have also referred to the orders passed in the matters by the Court in the cases filed by the traders within Tiruchirapalli Corporation limits. The petitioners had submitted their representations dated 02.02.2019 and 18.09.2019, requesting the first respondent Corporation to provide alternative shops in an extent of land, which is available adjacent to the existing market. It is submitted that in the impugned notice, the first respondent Corporation has directed petitioners/shop holders to pay the arrears of charges, if any, and to hand over the shops to the Corporation.

the Thanjavur City Municipal Corporation.

7.Further, it is submitted that the Kamaraj Market shares the compound wall of Thanjavur palace, which has been declared as Ancient Monument and the respondent Corporation cannot demolish the structure in the light of the embargo under Section 19 of the Ancient Monuments and Archeological Sites and Remains Act, 1958 (hereinafter referred to as "Act"). It is also submitted that the area in question will fall within "prohibited area" or " Regulated Area" under the Act and in terms of the definition of those areas, the construction proposed by the respondent Corporation cannot be made. Further, it is submitted that there is an obligation cast upon the State to protect the monuments and places of national importance under Article 49 of the Constitution of India.

Further, the petitioner has referred to Section 20(A) of the Act, which deals with declaration of prohibited areas and carrying out public work or other works in prohibited area and submitted that no permission has been obtained from the Expert Advisory Committee as required under the Act and therefore, the impugned notices issued by the respondent Corporation are un-sustainable in law.

8.Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner in these Writ Petitions after reiterating the above submissions, which have been made, has drawn the attention of this Court to the decisions of the Division Bench of this Court in the matters concerning Madurai Corporation, Thoothukudi Corporation and Tirunelveli Corporation and submitted that in those cases appropriate directions were given to protect the interest of the traders. The sheet anchor of the arguments of the learned counsel rests upon the provisions of the Ancient Monuments and Archeological Sites and Remains Act, 1958.

It is submitted that 'archeological site and remains' has been defined under Section 2(d) of the Act and Market area will clearly fall within the scope of clauses (i) and (ii) of Section 2(d) of the Act and on account of the same, the Act places an embargo as to how the area should be protected and in utter violation of the said provisions the proposed project is sought to be implemented. It is further submitted that there are totally 93 authorised traders, apart from 212 traders, who are permitted to trade within the market premises by paying ground rent and by virtue of the impugned order the livelihood of the traders will be jeopardized.

On the above grounds the learned counsel appearing for the petitioner seeks for quashing of impugned notices directing the traders in the market to vacate the shops without making alternative arrangement and direct them to follow the procedures under the said Act and ensure that the ancient monuments, which have been declared as a protective site, to be preserved as such without any construction which will offend and interfere with the monuments.

9.Mr.N.Dilip Kumar, learned Standing Counsel appearing for the first respondent Corporation as well as the Tanjore Smart City Ltd., the second respondent submitted that the work for redevelopment of 27/35

Kamaraj Market under Smart City Programme was entrusted to a contractor by proceedings dated 28.12.2018 and instruction has been given to proceed with the execution of the work in accordance with the terms and conditions. It submitted that the contract period is 12 months from the date of issue of work order and the contractor has been issued with instructions to proceed with the work in accordance with the conditions stipulated as per the agreement. It is further submitted that stringent conditions have been imposed in the agreement and the second respondent company which has been specifically incorporated to implement the project will closely monitor the entire work and no Act or Rule or Regulation will be violated and no monument or protected site will be affected. 10.

The learned counsel would further submit that pursuant to the issuance of the work order, the first respondent Corporation initiated action to hand over the market area to the contractor so as to carry out the redevelopment work as per terms and conditions of the contract. It is submitted that no high-handed action was initiated by the first respondent as against the petitioner association or its members and in fact the officials of the Corporation took into confidence the petitioner association and its members and held several rounds of discussion with them and ultimately a consensus was arrived, whereby the land under the control of SPCA, chaired by the District Collector would be suitable for relocating the traders. Upon this proposal being given, the petitioner association by letter dated 30.08.

2019 addressed to the first respondent requesting that the land under the control of SPCA may be allotted for the traders of the Kamaraj Market and necessary infrastructural facilities shall be provided for the traders and the general public, who visit the market. A further request was made by stating that after the market is redeveloped an assurance may be given that the shops will be handed over to the traders of the petitioner association. Further, by another representation dated 18.09.2019, the petitioner association claimed that the alternative accommodation should be granted only to the members of the petitioner association and not to provide shops to any other traders and they also imposed certain other conditions including time limit to shift the shops.

Considering the request made, at the first instance for allotment of land under the control of SPCA, the Commissioner of the Corporation addressed the District Collector, who is the chairman of the SPCA, requesting that the land may be temporarily leased out to the Corporation and they are agreeable to pay the lease rent as per the PWD rates by collecting the same from the petitioner association. Communication dated 21.09.2019, addressed to the District Collector as regard to the resolution of the Council dated 20.09.2019 in Resolution No.212. After taking all the steps, the impugned notice dated 27.09.2019 has been issued and there is no arbitrariness in the way in which the first respondent has proceeded.

11.The learned Standing Counsel for respondents 1 and 2 further submitted that the members of the petitioner association, who were 28/35

granted licence have right to continue only till 31.03.2019. Therefore, the plea raised by the petitioner association is not bonafide. Further it is submitted that the total extent of the palace area is 31 acres in which there is only 4 monuments, which are protected monuments under the control of State Archeological Department. It is also submitted that the northern boundary of the Palace is Municipal Market. Therefore, it is incorrect to state that the project of redevelopment of Kamaraj Market is within the protected area. Further it is submitted that SPCA will lease out 2 acres of land to the first respondent Corporation and it will permit the traders to carry on their trading activities there as a temporary arrangement.

Further, the learned counsel has produced the Town Survey map to establish that there is no construction on the compound wall of the palace. Further, the learned counsel has produced the proposed layout for Kamaraj Market under the Smart City Scheme to show that there is no construction on the compound wall. On the above submissions, the learned counsel prays that the writ petitions be dismissed and the second respondent be permitted to proceed with the implementation of the Smart City project. 12.We have elaborately heard the learned counsel for the parties.

13.Kamaraj Market in Thanjavur Town has been in existence for several decades. In fact it had been the land mark for the area. Unfortunately civic sense did not prevail upon the people, who are either traders or the person who come to trade in the market, as a result of which invariably in all days the market area is seen with heaps of garbage. Recent photographs produced shows that the entire area is strewn with vegetable waste and water is leaching out of the decayed materials.

14.The learned counsel appearing for the petitioner would submit that recently cleaning has not been done and on all other days periodical cleaning is done by the Corporation and the market premises is in a hygienic condition.

15.It is hard to believe such a plea made by the learned counsel appearing for the petitioner as this feature has been found through out the State in Vegetable Markets. The traders indiscriminately dump waste materials and spoiled fruits and vegetables in and around market complexes. Though terms and conditions were imposed, all traders often are not complying with the same and in many cases their sole priority is their business interest without any regard for the environment in the area, where they carry on business and eke their livelihood. 16.In the instant case, we are testing the correctness of the notices issued by the first respondent Corporation, calling upon the petitioners/licensees to vacate the market. As on date there are 93 permanent shops in the Kamaraj Market and 212 traders are permitted 29/35

to trade on payment of ground rent on first come first serve basis by contractors, who had been awarded contract to collect ground rent after following the due process.

17.The question for consideration is as to whether the licensees of 93 permanent shops have a vested right to state that they shall continue in the existing place or that they will shift to the alternative location subject to the condition that after construction of the new market complex they should be allotted shops. In our considered view, no such right is available as claimed by the 93 licensees. Admittedly, the period of licence has come to an end by 31.03.2019. Beyond such period, there is no vested right.

The first respondent Corporation cannot extend the license by accepting 15% additional license fee than what was fixed in the previous 3 years as the relevant Government Order has been stayed by the High Court and it has been held that the said Government Order is directive and not mandatory and it is open to the Corporations/Municipalities to bring the shops for public auction so that the interest of revenue will be protected. Thus, in the absence of any vested right with them, the members of the petitioner association cannot dictate terms to the first respondent Corporation.

18.Though such is the factual and legal position we find that the first respondent Corporation had adopted a reasonable approach, accepting the request of the petitioner association for making temporary arrangement in the land under the control of SPCA. The Commissioner of Corporation has addressed the District Collector and we are informed by the learned Standing Counsel for the Corporation that the SPCA will grant 2 Acres of land leased to the Corporation on temporary basis so that the traders can be permitted to shift to the said location and continue their trading operations. In fact there was no statutory duty cast upon the first respondent Corporation to extend such a gesture to the members of the petitioner association.

However, considering the welfare of the traders as well as the welfare of the general public, this aspect has been thought of. Therefore, the only option available to the members of the petitioner association is to accept what has been offered by the first respondent Corporation. Any member/person who is not agreeable to the offer of the respondent Corporation is to be summarily evicted with no further indulgence. 19.From the records placed by the respondent Corporation, we find that meetings were conducted and joint inspection has also been conducted along with the members of the petitioner association and the earliest notice was issued on 25.07.2019 and the final notice was issued on 27.09.

2019 and on a perusal of the reference column in the impugned final notice it is clear that there has been sufficient thought process by the officials of the Corporation before the decision has been taken. The petitioner has admitted that they are not against the implementation of the Smart City project.

living conditions of the people. In such circumstances, the members of the petitioner association cannot dictate terms to the first respondent Corporation.

20.Having held so, we need to consider as to the submission of the learned counsel appearing for the petitioner that there is a threat and danger to a protected site/protected monument and therefore, the project should not be implemented. This arguments does not merit consideration for more than one reason. Firstly, there is no construction abetting the Palace compound wall. The photographs, which have been produced only shows the vegetable wastes are thrown along the compound wall of the Palace and water leaching out from the dumped vegetable wastes. Therefore, we do not accept the stand of the petitioner that regular cleaning has been done by removing the waste and atleast for a minimum of 10 days prior to the photographs taken nothing has been done to remove the vegetable wastes.

It is true that it is the first respondent Corporation which has to remove the waste and garbage. However, the traders viz., the members of the petitioner association have the responsibility to ensure that the vegetable wastes and spoiled vegetables and fruits are not indiscriminately dumped. The photographs clearly show that they have been doing so. Therefore, the members of the petitioner association having disregarded the environment around the trading area cannot be allowed to plead any equity.

21.The learned Standing Counsel appearing for the first respondent Corporation has produced the Town Survey Sketch of the entire area and the northern boundary of the Palace area is the market and the Palace is of huge area and it is stated that only four buildings, which have been declared as monuments are to be protected by the State Archeological Department. Therefore, the contention raised by the petitioner based on the provisions of the Ancient Monuments and Archeological Sites and Remains Act, 1958 has to be rejected.

22.The learned counsel appearing for the petitioners has referred to the various orders passed by this Court in writ petitions pertaining to Madurai Corporation, Thoothukudi Corporation and Tirunelveli Corporation. The facts in those cases are entirely different. In certain cases orders have been passed based on the consent granted by the Corporation. Considering the facts and circumstances of the cases, the Court had issued directions. This Court has consistently held that there is no vested right to the licensees to continue beyond the period of licence and the Writ Petitions filed by the traders in the bus stand shops in Tiruchirappalli Corporation limits have all been dismissed and the only indulgence shown to the traders was by granting time to vacate and hand over possession. Therefore, the order passed in other writ petitions concerning the other Corporations can be of no assistance to the case of the petitioners. Thus, for the above reasons, the 31/35

petitioners have not made out a ground to interfere with the impugned notices.

23.Accordingly, these Writ Petitions are dismissed. No costs. Consequently, the connected Writ Miscellaneous Petitions are also dismissed.

24.Normal consequence that has to follow upon the dismissal of the Writ Petitions is to vacate and hand over vacant possession of the market area to the first respondent. However, in the instant case, since the first respondent has taken a pragmatic view and arranged for an alternative site by approaching the District Collector and obtaining permission for leasing 2 acres of land under the control of SPCA, we are inclined to show some indulgence to the Writ Petitioners.

25.The learned Standing Counsel appearing for the respondents 1 and 2 submitted that out the 16 Writ Petitions viz., 22026, 22030, 22038, 22040, 22041, 22044, 22047 to 22049, 22051, 22052, 22076, 22080, 22083, 22087 and 22090 of 2019, in which orders were reserved on 18.10.2019, only three of the Writ Petitioners viz., the petitioner in W.P.(MD) Nos.22030, 22076 and 22080 are the erstwhile licensees of the Corporation and the remaining 13 cases have been filed by persons, who are outsiders and no licence was ever granted to them at any point of time.

26.Mr.T.Lajapathi Roy, learned counsel appearing for the Writ Petitioners submits that the stand of the respondent Corporation may not be fully right as every Writ Petitioners are original occupants and in case the original allottee is no more, the wife of the original allottee is in occupation and in some cases the petitioners are third parties. It is submitted that though the other occupants are third parties, if they have proof to show that they were carrying on business in the market complex, their case may also be considered along with the other Writ Petitioners for the purpose of granting of temporary accommodation in the land under the control of SPCA.

27.From the details furnished by the petitioners, we find that out of the 51 Writ Petitioners, who have filed the Writ Petitions separately, 32 Writ Petitioners are third parties. So far as the 16 cases, which were heard by us on 18.10.2019 are concerned, 9 of the Writ Petitioners are third parties. This is a very big number for us to direct these 32 petitioners to be reckoned for allotment of alternative site as it would be putting a premium on an irregularity. Therefore, we cannot issue any direction as proposed to be done by us in respect of other occupants of the Kamaraj Market.

28.W.P.(MD) Nos.22331 and 22348 of 2019 have been filed by the persons, who claimed to have been conducting trade activities in the 32/35

Kamaraj Market by paying ground rent. In other words, no permanent shops have been allotted to these petitioners and the fee is remitted by them to the contractor, who had been granted licence to collect fees from the traders, who sell their articles by squatting on the floor. In respect of this category of traders also we cannot issue any positive direction but we leave it to the discretion of the respondent Corporation to determine as to how many such traders can be permitted to trade in the proposed temporary shops. The remaining persons are not entitled to claim any equity or right stating that they should also to be permitted to trade inside the proposed temporary market.

29.In view of the above, we issue the following directions: (i) The first respondent Corporation shall finalize all formalities concerning the lease of 2 acres of land under the control of SPCA and appropriate agreement be entered into by fixing the lease rent at P.W.D. rates.

(ii) The owners of the permanent shops, who were the erstwhile licensees of the Corporation shall be permitted to continue their trading activities in the proposed temporary licensed shops subject to payment of license fee, which is determined by the first respondent Corporation, which shall be as per P.W.D. rates. This arrangement is purely temporary till the expiry of the time fixed by the Corporation and the traders have no right to continue beyond the said period.

(iii)Insofar as the third parties, who had filed the Writ Petitions before this Court, ie., who were not erstwhile licensees of the Corporation are entitled to approach the respondent Corporation and produce proof to show that they were carrying on business in the shops and upon the respondent Corporation being satisfied about their genuinity, they shall be extended the same benefits as that of the erstwhile licensees of the Corporation by accommodating them in the proposed temporary shops. (iv) Insofar as the legal heirs or sons or daughters of the licensees are concerned, their cases can be considered by the respondent Corporation on par with the erstwhile licensees for allotment of temporary shops.

(v) The collection of licence fee from the shop owners is the sole responsibility of the first respondent Corporation and the amount collected should be remitted to the account of SPCA without default. The expenses for putting temporary shops shall be met from the funds allotted to the Smart City Project. (vi) The number of traders who have to be permitted on collection of ground rent is left to the discretion of the first respondent Corporation and the petitioner association or other petitioners cannot put any embargo and the decision shall be entirely on the discretion of the first respondent and the petitioner association and its members and the other Writ Petitioners shall unconditionally abide by the conditions imposed by the respondent Corporation.

(vii) Considering the importance of the Smart City Project, the 33/35

first respondent Corporation is directed to take immediate steps to complete all necessary formalities and implement the above directions within 15 days from the date of receipt of a copy of this order. Until then, the traders shall be permitted to continue their activities in the Kamaraj Market.

(viii) The above directions have been issued taking into consideration the materials placed before this Court and the arguments advanced. There is every likelihood certain issues which were not highlighted before this Court is likely to arise when the above order is implemented. We direct the Commissioner of the respondent Corporation to take an informed decision whenever such contingencies arise. It is needless to state that the traders shall extend their fullest cooperation for implementation of the direction and shall not cause any obstruction. If done so, the same shall be viewed seriously.

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

1. The Tanjore Corporation Rep.By its Commissioner, Aringar Anna Arangam, Rmh Road, Thanjore District 2.The Managing Director Tanjore Smart City Ltd., Corporation Building, Aringar Anna Arangam, Rmh Road, Thanjore District 3.The Archeological Survey of India rep by its Superintending Archeologist Chennai Circle, Fort St., George, Chennai

4. The Commissioner of Archeology, Department of Archeology, Tamil Valarchi Valagam, Halls Road,Chennai 5.The District Archeological Officer, the Department of Archeology, East Raja Veedhi, Sarja Maadi, Tanjore District -1 6.The Director of Town and Country Planning,, 807, Anna Salai, Chennai-2 • 54 ccs to Mr.T.Lajapathi Roy - Advocate - CASR 94216 • 1cc to Mr.Rajaraman - Advocate - CASR 93923 • 1cc to Spl G.P - CASR 94239 Order in W.P.(MD) Nos.21204, 21496, 21501, 21584, 21585, 21587, 21589, 21592 34/35

to 21610, 21612, 21613, 21615, 21617 to 21620, 21624, 21629, 21633, 22026, 22030, 22038, 22040, 22041, 22044, 22047 to 22049, 22051, 22052, 22076, 22080, 22083, 22087, 22090, 22331 and 22348 of Delivered on: 23.10.2019 SV2(CO) TR(24.10.2019) 35P 63C 35/35