S.Balaji v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.A.(MD)SR.No.74979 of 2024 1.S.Balaji 2.K.Thasthageer 3.R.Umapathy 4.R.Umapathy 5.K.Thasthageer 6.M.Kannan 7.R.Umapathy 8.Parthiban 9.D.Arumugam 10.Thentamil Selvan 11.K.Thasthageer ... Petitioners -vs1.State of Tamil Nadu, represented by its Secretary to Government, Department of Local Administration, Chepauk, Chennai - 600 009.
2.The Secretary, Municipal Administration and Water Supply Department, Secretariat, St. George Fort, Chennai - 600 005.
3.The Director, Municipal Administration, Ezhilagam, Chepauk, Chennai - 600 005.
4.The Commissioner, Tiruchirappalli Corporation, Tiruchirappalli - 620 001.
5.A.Rabindran Kamak 6.Sri Mari Trades, Rep. By its Proprietor J.Kathiresan, 209/13, West Bouleward Road, Trichy - 620008. 7.Marimmal Agency, Rep. By its Proprietor R.Ravi, 209/13, West Bouleward Road, 8.Namasivayam 9.Mahesh Enterprises, Rep. By its Proprier Maheshwaran, 212/16, West Bouleward Road, 10.Ramesh Enterprises, Rep. By its Managing Partner G.Damodaran, 212/16, West Bouleward Road, 11.Vijay Pvc Pipes, Rep. By its Managing Partner S.Saravanan, 212/16, West Bouleward Road,
12.Gnanambal Marketing Pvt Ltd., Rep. By its Managing Director G.Thomas, 203/8, West Bouleward Road, 13.Baskar Rep. By its Managing Partner B.Rajasankar, 193/3, West Bouleward Road, 14.J.V.Furniture, Rep. By its Proprietor K.A.Chandran, 216/20, West Bouleward Road, 15.Vinoth Trading Company, Rep. By its Proprietor Vinoth Kumar, 127, West Bouleward Road, 16.Vinoth Agency, Rep. By its Proprietor Vinoth Kumar, 127, West Bouleward Road, 17.Vionth Agency, Rep. By its Proprietor Vinoth Kumar, 127, West Bouleward Road, 18.S.Saravanan 19.N.Balasubramanian 20.Vasudevan 21.Saravanan 22.Chandra Prakasa Nadar 23.Sangeetha Electricals, Rep. By its Proprietor Shankarlal, 201/7, West Bouleward Road,
24.Sundar Novelties, Rep. By its Proprietor Narpath Singh, 201/7, West Bouleward Road, 25.G,Sivakumar 26.Cauvery Traders, Rep. By its Proprietor Narpath Singh, 201/7, West Bouleward Road, 27.Umapathy 28.Dharma Traders, Rep. By its Proprietor Subramani, 2314/18, West Bouleward Road, 29.Guruji Book Stores, Rep. By its Manager Subramani, 214/18, West Bouleward Road, 30.
31.Ayesha Bee 32.Chelladhurai 33.Keerthiga Agency, Rep. By its Proprietor Krishnamoothy, 201/7, West Bouleward Road, 34.Ayisha Agency, Rep. By its Proprietor Krishnamoothy, 201/7, West Bouleward Road, 35.Sarina Yousuf
36.N.V.Vaidhyanathan 37.Silpa Agency, Rep. By its Managing Partner Rengaraj, 208/11.12, West Bouleward Road, 38.Rathina Pillai, Rep. By its Proprietor Selvaraj, 198/4, West Bouleward Road, 39.Nappa Corporation, Rep. By its Proprietor L.N.Letchumanan, 363, West Bouleward Road, 40.Nappa Corporation, Rep. By its Proprietor L.N.Letchumanan, 183/7, West Bouleward Road, 41.Thiry Shakir, Rep. By its Proprietor N.Mohamed Rafik, 208/11.12, West Bouleward Road, 42.Vijaya Association, Rep. By its Managing Partner S.Saravanan, 2085/11.12, West Bouleward Road, 43.K.R.Thetchinamurthy 44.M.Kannan 45.Ramesh 46.Selvam Marakadai 47.Ganesan 48.Khutbudeen
49.T.V.Madhavan 50.M.K.N.Meera Moideen 51.A.S.Asaraf Ali 52.S.M.Khader 53.S.M.Syed Seit 54.S.M.Musthafa 55.S.M.Kamal 56.T.S.Mohammed Raowther 57.Meena Agency, Rep. By its Partner K.Sudhakar, 208/11.12, West Bouleward Road, 58.Peer Diwan Mohideen 59.Peer Diwan Mohideen 60.N.Balasubramanian 61.Sankar Oil Mill, Rep. By its Proprietor Selvaraj, 198/4, West Bouleward Road, 62.Siva Sankar Mara Viyabaram 63.Amutha 64.Kader Mohideen 65.Silpa Agency, Rep. By its Managing Partner Rengaraj, 204/9, West Bouleward Road, 66.Bismi Timber Company,
Rep. By its Proprietor Azharudheen, 237/17, West Bouleward Road, 67.R.Azharudheen 68.Balasubramanian 69.Sri Balaji 70.Latchumanan Chettiar 71.Tiruchirapalli City Land Lease Merchants Welfare Association, Rep. By its Secretary, Mr.A.Rabindran Kamak, No.148, West Bouleward Road, Trichy 620 008.
... Respondents (Respondents 7 to 73 are formal party and they may be given up for issuance of notice) PRAYER in C.M.P.(MD)No.14693 of 2024 : Petition filed under Under Section 151 of Civil Procedure Code, to grant leave to the petitioner to file present Writ Appeal.
PRAYER in W.A.(MD)No.SR74979 of 2024 : Writ Appeal filed under Clause 15 of Letter Patent, against the order passed by this Court in W.P. (MD)No.9259 of 2021, dated 30.09.2024.
For Petitioners :
Mr.V.R.Shanmuganathan For Respondents :
Mr.R.Bhaskaran, For M/s.R.B.Law Associates
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.] Mr.R.Bhaskaran, learned Senior counsel takes notice for the respondents.
2.The petitioners claim that they have purchased the land/allotted, from the erstwhile owners and they seek leave to file an Appeal against the order of the Writ Court.
3.It is seen from the records that the land belong to the Corporation and it was allotted to certain individuals on a monthly rental basis. Therefore, the petitioners who claim to have purchased the buildings, cannot step into the shoes of the lessees. Hence, the Grant Leave Petition is dismissed and the Writ Appeal is rejected at SR stage. No Costs. [R.S.M., J.] [L.V.G., J.] 23.10.2024 NCC :Yes/No Index :Yes/No Internet : Yes Mrn
To 1.The Secretary to Government, Department of Local Administration, Chepauk, Chennai - 600 009.
2.The Secretary, Municipal Administration and Water Supply Department, Secretariat, St. George Fort, Chennai - 600 005.
3.The Director, Municipal Administration, Ezhilagam, Chepauk, Chennai - 600 005.
4.The Commissioner, Tiruchirappalli Corporation, Tiruchirappalli - 620 001.
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
Mrn and W.A.(MD)SR.No.74979 of 2024 23.10.2024