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Madras High CourtWA(MD)/1536/2019disposed of

P.M.Kani v. The Tanjore Corporation

2019-12-17Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran19 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.A.(MD) Nos.1536, 1537, 1543, 1466, 1467, 1468, 1469, 1470, 1471, 1472, 1474, 1476, 1477, 1478, 1479, 1480, 1481, 1482, 1483, 1484, 1485, 1486, 1487, 1488, 1489, 1490, 1491, 1492, 1493, 1494, 1495, 1496, 1497, 1498, 1499, 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1551 & 1552 of 2019 and C.M.P.(MD) Nos.

12268, 12271, 11960, 11965, 11966, 11967, 11968, 11969, 11971, 11974, 11975, 11978, 11979, 11981, 11982, 11983, 11984, 11986, 11987, 11988, 11990, 11991, 11992, 11993, 11994, 11995, 11997, 11998, 11999, 12000, 12001, 12002, 12003, 12004, 12005, 12006, 12008, 12010, 12011, 12012, 12013, 12015, 12016, 12017, 12018, 12020, 12022, 12024, 12025, 12309, 12310, 12311, 12312, 12313, 12314, 12315, 12316, 12317, 12318, 12319, 12320, 12321, 12322, 12323, 12324, 12325, 12326, 12328 & 12329 of 2019 P.M.Kani ...Appellant in WA(MD). 1536 of 2019 B.Bal Raj ...Appellant in WA(MD). 1537 of 2019 P.Seenii Murugan, ...Appellant in WA(MD). 1543 of 2019 S.N.M.Ubaiyadullah ...Appellant in WA(MD). 1466 of 2019 R.Baskaran, ...Appellant in WA(MD). 1467 of 2019 J.Moosa Kani ...Appellant in WA(MD). 1468 of 2019 M.Bal Raj, ...Appellant in WA(MD). 1469 of 2019 N.

Mohamed Rafi ...Appellant in WA(MD). 1470 of 2019 A.Balakrishnan, ...Appellant in WA(MD). 1471 of 2019 M.Sheiki Abdullah ...Appellant in WA(MD). 1472 of 2019 M.Chennaiyan, ...Appellant in WA(MD). 1474 of 2019 M.Meera Hussain ...Appellant in WA(MD). 1476 of 2019 N.Gunasekaran ...Appellant in WA(MD). 1477 of 2019 A. Nagoor Meera ...Appellant in WA(MD). 1478 of 2019 B.Durairaja, ...Appellant in WA(MD). 1479 of 2019 V.Rajagopal ...Appellant in WA(MD). 1480 of 2019 M.Khan Mohammed ...Appellant in WA(MD). 1481 of 2019 R.Jegaveerapandian ...Appellant in WA(MD). 1482 of 2019 B.Rabala ...Appellant in WA(MD). 1483 of 2019 D.Appaya Raja, ...Appellant in WA(MD). 1484 of 2019 T.Thamaraiselvan ...Appellant in WA(MD). 1485 of 2019 B.Vasudevan ...Appellant in WA(MD). 1486 of 2019 M.Abdul Karim ...Appellant in WA(MD). 1487 of 2019 N.Shanmuganathan ...

Appellant in WA(MD). 1488 of 2019 C.Balasubramanian, ...Appellant in WA(MD). 1489 of 2019 S.Mohammed Ali ...Appellant in WA(MD).

S.Abdul Majith ...Appellant in WA(MD). 1491 of 2019 A.C.N.Ashokan ...Appellant in WA(MD). 1492 of 2019 Y.Jebamalai ...Appellant in WA(MD). 1493 of 2019 A.Rajeeswari ...Appellant in WA(MD). 1494 of 2019 N.Karuppian ...Appellant in WA(MD). 1495 of 2019 M.Balaji, ...Appellant in WA(MD). 1496 of 2019 M.Gurusamy, ...Appellant in WA(MD). 1497 of 2019 P.Karthikeyan ...Appellant in WA(MD). 1498 of 2019 B.Padmavathi, ...Appellant in WA(MD). 1499 of 2019 M.Shanthi ...Appellant in WA(MD). 1500 of 2019 B.Venkatesan ...Appellant in WA(MD). 1501 of 2019 S.Suresh ...Appellant in WA(MD). 1502 of 2019 P.Subash Chandra Bose, ...Appellant in WA(MD). 1503 of 2019 N.Palanivel ...Appellant in WA(MD). 1504 of 2019 N.Prabakaran, ...Appellant in WA(MD). 1505 of 2019 K.P.Mohan ...Appellant in WA(MD). 1506 of 2019 M.Raja Kani ...Appellant in WA(MD). 1507 of 2019 P.

Saminathan, ...Appellant in WA(MD). 1508 of 2019 S.Auxillia ...Appellant in WA(MD). 1509 of 2019 A.Meera Mohideen ...Appellant in WA(MD). 1510 of 2019 R.Bethuraj ...Appellant in WA(MD). 1511 of 2019 S.M.Ponnuchamy ...Appellant in WA(MD). 1512 of 2019 B.Jegadeesh ...Appellant in WA(MD). 1513 of 2019 A.K.Valavaperumal ...Appellant in WA(MD). 1514 of 2019 S.Sembu Kutty Nadar ...Appellant in WA(MD). 1544 of 2019 S.Palanivel ...Appellant in WA(MD). 1545 of 2019 S.Karthikeyan, ...Appellant in WA(MD). 1546 of 2019 G. Arun Sankar, ...Appellant in WA(MD). 1547 of 2019 S.Latha ...Appellant in WA(MD). 1548 of 2019 S.Jai Karthi ...Appellant in WA(MD). 1549 of 2019 S.Sridharan ...Appellant in WA(MD). 1550 of 2019 S.Siva, ...Appellant in WA(MD). 1551 of 2019 S.Rathinasamy, ...Appellant in WA(MD). 1552 of 2019 -vs1.

2. The Managing Director O/o. the Managing Director, Tanjore Smart City Ltd., Corporation Building Aringar Anna Building Aringar 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 the Writ Appeals 2/19

Prayer in WA(MD). 1536 of 2019 :

aside the order passed in WP(MD). No.19027 of 2019 dated 18.10.2019 on the file this Court.

Prayer in WP(MD). 19027 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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.

Common Prayer in WA(MD)Nos. 1537 & 1543 of 2019 : aside the order passed in WP(MD). No.18852 of 2019 dated 18.10.2019 on Prayer in WP(MD). 18852 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.No.9287/2019/MCA5 dt.31.7.2019 on the file of the respondent No.1 delivered on 8.8.2019 and quash the same as illegal and conseuqently forbearing the respondents 1 and 2 from evicting the petitioner from his respective shops in shops in Block A Shop NO.10,11,4 and the Shops in Block No.11 Shop No.4,5,7 and Shops in Block E shop No.2,3 and shops at Block OIP Shop No.4 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 WA(MD). 1466 of 2019 :

aside the order passed in W.P(MD) No. 18991 of 2019 dated 18.10.2019 on Prayer in WP(MD). 18991 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.NO.9286/2019/MCA5 dt.2.8.2019 on the file of the 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 WA(MD). 1467 of 2019 :

aside the order passed in W.P.(MD)No.19061 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19061 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 3/19

petitioner from his respective shop in Block E, Shop no.8 at Sarafoji market East Gate,Thanjavur district without following the due process of law and without providing alternative shops until the completion of smart Prayer in WA(MD). 1468 of 2019 :

aside the order passed in W.P(MD) No. 18997 of 2019 dated 18.10.2019 on Prayer in WP(MD). 18997 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1469 of 2019 :

aside the order passed in W.P.(MD)No.19055 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19055 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of petitioner from his respective shop in Block A, Extension Shop No.14,15 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 WA(MD). 1470 of 2019 :

aside the order passed in W.P(MD) No. 19001 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19001 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.9286/2019/MCA5 dt.2.8.2019 on the file of the 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. 4/19

Prayer in WA(MD). 1471 of 2019 :

aside the order passed in W.P.(MD)No.19080 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19080 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 District without following the due process of law and without providing alternative shops until the completion of smart city project.

Prayer in WA(MD). 1472 of 2019 :

aside the order passed in W.P(MD) No. 19009 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19009 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1474 of 2019 :

aside the order passed in W.P.(MD)No.19050 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19050 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of the respondent No.1 delivered on 08.08.2019 and quash the same as illegal petitioner from his respective shop in Block No.D, 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 Prayer in WA(MD). 1476 of 2019 :

This Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P(MD) No. 19011 of 2019 dated 18.10.2019 on the file of this Court.

5/19

Prayer in WP(MD). 19011 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1477 of 2019 :

aside the order passed in WP(MD). No.19070/2019 dated 18.10.2019 on the Prayer in WP(MD). 19070 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1478 of 2019 :

aside the order passed in W.P(MD) No. 19014 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19014 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1479 of 2019 :

aside the order passed in W.P.(MD)No.19047 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19047 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of petitioner from his respective shop in Block A, Extension Shop no.2 and shops in Block C, shop no.2 amd shops in Block FMR, Shop no.1 at Sarafoji market East Gate,Thanjavur district without following the due process of 6/19

law and without providing alternative shops until the completion of smart Prayer in WA(MD). 1480 of 2019 :

aside the order passed in WP(MD). No.19066/2019 dated 18.10.2019 on the Prayer in WP(MD). 19066 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of petitioner from his respective shop in Block C, Shop no. 11,12, 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 WA(MD). 1481 of 2019 :

aside the order passed in W.P(MD) No. 19016 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19016 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1482 of 2019 :

aside the order passed in WP(MD). No.19057/2019 dated 18.10.2019 on the Prayer in WP(MD). 19057 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1483 of 2019 :

aside the order passed in W.P(MD) No. 19018 of 2019 dated 18.10.2019 on 7/19

Prayer in WP(MD). 19018 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of the respondents 1 and 2 from evicting the petitioner from her 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 WA(MD). 1484 of 2019 :

aside the order passed in W.P.(MD)No.19075 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19075 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of petitioner from his respective shop in Block OIP, Shop no.8 at Sarafoji market East Gate,Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart Prayer in WA(MD). 1485 of 2019 :

aside the order passed in WP(MD). No.19059/2019 dated 18.10.2019 on the Prayer in WP(MD). 19059 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1486 of 2019 :

aside the order passed in WP(MD). No.19073/2019 dated 18.10.2019 on the Prayer in WP(MD). 19073 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 8/19

without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WA(MD). 1487 of 2019 :

aside the order passed in W.P(MD) No. 19020 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19020 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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. Prayer in WA(MD). 1488 of 2019 :

aside the order passed in WP(MD). No.19053/2019 dated 18.10.2019 on the Prayer in WP(MD). 19053 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of petitioner from his respective shop in Block FMR, Shop no.4 at Sarafoji market East Gate,Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart Prayer in WA(MD). 1489 of 2019 :

aside order passed in W.P.(MD)No.19085 of 2019 dated 18.10.2019 on the Prayer in WP(MD). 19085 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of petitioner from his respective shop in Block No.10 and Shop No.3,4 ,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 WA(MD). 1490 of 2019 :

aside the order passed in WP(MD). No.19052/2019 dated 18.10.2019 on the 9/19

Prayer in WP(MD). 19052 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.No.9287/2019/MCA5 dt 31-07-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal 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 WA(MD). 1491 of 2019 :

aside the order passed in W.P(MD) No. 19024 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19024 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1492 of 2019 :

aside the order passed in WP(MD). No.19082/2019 dated 18.10.2019 on the Prayer in WP(MD). 19082 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WA(MD). 1493 of 2019 :

aside the order passed in WP(MD). No.19042/2019 dated 18.10.2019 on the Prayer in WP(MD). 19042 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 10/19

alternative shops until the completion of smart city project. Prayer in WA(MD). 1494 of 2019 :

aside the order passed in W.P(MD) No. 19030 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19030 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of the respondents 1 and 2 from evicting the petitioner from her 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 WA(MD). 1495 of 2019 :

aside the order passed in WP(MD). No.19058/2019 dated 18.10.2019 on the Prayer in WP(MD). 19058 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 without providing alternative shops until the completion of smart Prayer in WA(MD). 1496 of 2019 :

aside the order passed in W.P.(MD)No.19076 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19076 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 District without following the due process of law and without providing alternative shops until the completion of smart city project. Prayer in WA(MD). 1497 of 2019 :

aside the order passed in W.P.(MD)No.19051 of 2019 dated 18.10.2019 on 11/19

Prayer in WP(MD). 19051 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1498 of 2019 :

aside the order passed in WP(MD). No.19067/2019 dated 18.10.2019 on the Prayer in WP(MD). 19067 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.No.9287/2019/MCA5 dt 31-07-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal 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 providing alternative shops until the completion of smart Prayer in WA(MD). 1499 of 2019 :

aside the order passed in W.P.(MD)No.19046 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19046 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.No.9287/2019/MCA5 dt 31-07-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal petitioner from her 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 Prayer in WA(MD). 1500 of 2019 :

aside the order passed in WP(MD)No.19056 of 2019 dated 18.10.2019 on the file this Court.

Prayer in WP(MD). 19056 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.No.9287/2019/MCA5 dt 31-07-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal 12/19

petitioner from her 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 WA(MD). 1501 of 2019 :

aside the order passed in WP(MD). No.19049/2019 dated 18.10.2019 on the Prayer in WP(MD). 19049 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.No.9287/2019/MCA5 dt 31-07-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal 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.

Prayer in WA(MD). 1502 of 2019 :

aside the order passed in WP(MD). No.19041/2019 dated 18.10.2019 on the Prayer in WP(MD). 19041 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1503 of 2019 :

aside the order passed in W.P.(MD)No.19071 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19071 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of petitioner from his respective shop in Block FMR, Shop. NO. 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 WA(MD). 1504 of 2019 :

aside the order passed in WP(MD)No.19072 of 2019 dated 18.10.2019 on the 13/19

Prayer in WP(MD). 19072 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.No.9287/2019/MCA5 dt 31-07-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal 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 WA(MD). 1505 of 2019 :

aside the order passed in W.P.(MD)No.19074 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19074 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 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 WA(MD). 1506 of 2019 :

aside the order passed in WP(MD)No.19078 of 2019 dated 18.10.2019 on the Prayer in WP(MD). 19078 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of petitioner from his respective shop in Block 3, 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 Prayer in WA(MD). 1507 of 2019 :

aside the order passed in W.P(MD) No. 19034 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19034 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of 14/19

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 WA(MD). 1508 of 2019 :

aside the order passed in W.P.(MD)No.19081 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19081 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of petitioner from his respective shop in Block E, Shop no.1 at Sarafoji market East Gate,Thanjavur district without following the due process of law and without providing alternative shops until the completion of smart Prayer in WA(MD). 1509 of 2019 :

aside the order passed in W.P(MD) No. 19038 of 2019 dated 18.10.2019 on Prayer in WP(MD). 19038 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of the respondents 1 and 2 from evicting the petitioner from her 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 WA(MD). 1510 of 2019 :

aside the order passed in WP(MD)No.19054 of 2019 dated 18.10.2019 on the Prayer in WP(MD). 19054 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of petitioner from his respective shop in Block No.FMR, Shop no.8,9 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.

15/19

Prayer in WA(MD). 1511 of 2019 :

aside the order passed in WP(MD)No.19079 of 2019 dated 18.10.2019 on the Prayer in WP(MD). 19079 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.No.9287/2019/MCA5 dt 31-07-2019 on the file of the respondent No.1 delivered on 08-08-2019 and quash the same as illegal 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 Prayer in WA(MD). 1512 of 2019 :

aside the order passed in WP(MD)No.19045 of 2019 dated 18.10.2019 on the Prayer in WP(MD). 19045 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.no.9287/2019/MCA5 dated 31.07.2019 on the file of 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 Prayer in WA(MD). 1513 of 2019 :

aside the order passed in WP(MD)No.19068 of 2019 dated 18.10.2019 on the Prayer in WP(MD). 19068 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of petitioner from his respective shop in Block no.3 and Shop no.5 and 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 WA(MD). 1514 of 2019 :

aside the order passed in WP(MD)No.19077 of 2019 dated 18.10.2019 on the 16/19

Prayer in WP(MD). 19077 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of the respondent No.1 delivered on 08.08.2019 and quash the same as illegal 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 District without following the due process of law and without providing alternative shops until the completion of smart city project.

COMMON Prayer in WA(MD)Nos. 1544 to 1552 of 2019 : aside the order passed in WP(MD)No.18852 of 2019 dated 18.10.2019 on the Prayer in WP(MD). 18852 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of impugned order in Na.Ka.No.9287/2019/MCA5 dt.31.7.2019 on the file of the respondent No.1 delivered on 8.8.2019 and quash the same as illegal and conseuqently forbearing the respondents 1 and 2 from evicting the petitioners from their 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 No.2,3 and shops at Block OIP Shop No.4 at Sarafoji Market, East Gate, Thanjavur District without following the due process of law and without providing alternative shops until the completion of smart FOR ALL THE WPs For Appellant :

Mr.T.Lajapathi Roy For Respondents :

Mr.N.Dilip Kumar for R1 & R2 Mr.J.Gunaseelan Muthiah Additional Government Pleader for R3 C O M M O N J U D G M E N T [Judgment of the Court was made by M.DURAISWAMY, J.] Challenging the common order dated 18.10.2019, passed in W.P.(MD) Nos.18852 of 2019 etc. batch, the appellants have filed the above writ appeals.

2. The appellants / writ petitioners challenged the orders dated 31.07.2019 and 02.08.2019, passed by the first respondent and for a consequential relief to forbear the respondents 1 and 2 from evicting them from their respective shops at Sarafoji Market, Rajappa Park, Gandhiji Road and R.M.H.Road, without following the due process of law and providing alternative shops until the 17/19

completion of smart city project.

3. The learned Single Judge disposed of the writ petitions granting time to the appellants till 13.12.2019 to vacate and hand over the possession of the premises on condition that they file affidavits of undertaking to the said effect. Further, the learned Single Judge made it clear that in case the appellants do not vacate the premises despite the filing of the affidavits of undertaking within the time prescribed, gave liberty to the respondent - Corporation to initiate action for eviction in accordance with law.

4. Mr.T.Lajapathi Roy, learned counsel appearing for the appellants submitted that as against the common order dated 20.09.2019 passed in W.P.Nos.20247 of 2019 etc. batch, the appellants have filed appeals before the Honourable Supreme Court of India in Special Leave to Appeal (C) Nos.28623 to 28641 of 2019 etc. batch and the Apex Court, by order dated 13.12.2019, issued notice to the respondents to find out as to whether after reconstruction any priority or any scheme can be framed for accommodating the appellants therein and granted four weeks time to the respondents to file counter affidavit.

5. The learned counsel appearing for the appellants further submitted that pursuant to the undertaking given before this Court on 13.12.2019 to the effect that the appellants would file affidavits of undertaking before this Court to the effect that they would vacate and hand over the vacant possession of the shops to the respondent - Corporation on or before 13.01.2020, the appellants are filing affidavits of undertaking before this Court today.

6. Mr.N.Dilip Kumar, learned counsel appearing for the respondent - Corporation, submitted that the affidavits of undertaking filed by the appellants have been served on him and the said affidavits of undertaking may be taken on record.

7. In the affidavits of undertaking, the appellants undertook to vacate and hand over the vacant possession of their respective shops on or before 13.01.2020 without driving the respondent - Corporation to initiate further action for evicting them. The affidavits of undertaking given by the appellants are taken on record and the writ appeals are disposed of in terms of the affidavits of undertaking given by the appellants granting time to vacate and hand over the vacant possession of their respective shops to the respondent - Corporation on or before 13.01.2020. We also make it clear that the appellants are entitled to get the benefit of any order to be passed by the Honourable Supreme Court in the pending special leave petitions.

18/19

8. Accordingly, the writ appeals are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

The Director of Town and Country Planning.

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

+1CC TO MR.T.LAJAPATHI ROY, Advocate Sr. No. 106225 +2C TO MR.N.DILIPKUMAR, Advocate Sr. No.105600 & 105601 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 106041 W.A.(MD) Nos.1536, 1537, 1543, 1466, 1467, 1468, 1469, 1470, 1471, 1472, 1474, 1476, 1477, 1478, 1479, 1480, 1481, 1482, 1483, 1484, 1485, 1486, 1487, 1488, 1489, 1490, 1491, 1492, 1493, 1494, 1495, 1496, 1497, 1498, 1499, 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1551 & 1552 of 2019 and C.M.P.(MD) Nos.12268, 12271, 11960, 11965, 11966, 11967, 11968, 11969, 11971, 11974, 11975, 11978, 11979, 11981, 11982, 11983, 11984, 11986, 11987, 11988, 11990, 11991, 11992, 11993, 11994, 11995, 11997, 11998, 11999, 12000, 12001, 12002, 12003, 12004, 12005, 12006, 12008, 12010, 12011, 12012, 12013, 12015, 12016, 12017, 12018, 12020, 12022, 12024, 12025, 12309, 12310, 12311, 12312, 12313, 12314, 12315, 12316, 12317, 12318, 12319, 12320, 12321, 12322, 12323, 12324, 12325, 12326, 12328, 12329 of 2019 17.12.2019 PK(CO) TR(09.01.2020) 19P 6C 19/19