Shri M.Meiyappan v. The Chief Secretary And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/57/2025 Shri. M Meiyappan Vs.

The Chief Secretary and another Mr. KMB Jayapal ... for the petitioner Ms. Babita Das ... for the respondent No.1 Mr. Dibesh Dwivedi ... for the respondent No.2 July 14, 2025 [SR] Item No. 20 The petitioner has filed the present writ application challenging order No. 422 dated 29.01.2025 whereby the Secretary, Sri Vijaya Puram Municipal Council passed an order directing the petitioner to remove his shop allegedly set up illegally under the space meant for staircase within two days from the date of the order failing which Executive Engineer - I (Works) was directed to execute the order at the cost of the petitioner and to file a compliance report.

This Court finds that in the impugned order it is recorded that 'the petitioner may apply afresh with the Port Blair Municipal Council for allotment of a lawful shop room and the council shall consider the same strictly in accordance with the rules and availability of the space as also subject to any other pending application in accordance with law'. On the next paragraph it is recorded that 'it is pertinent to mention here that the petitioner has not applied for any lawful shop in SVPMC. Moreover, SVPMC does not have any vacant lawful shop for allotment at the vegetable market at Mohanpura'.

This Court finds that the Secretary Municipal Council is of the view that the petitioner has not applied for allotment of shop in SVPMC. But the petitioner has disclosed two representations dated 20.12.2018 and 13.02.2022 for allotment of shop rooms at Mohanpura Vegetable Market. The Secretary Municipal Council has not considered the representations made by the petitioner dated 20.12.2018 and 13.02.2022 and passed the impugned order.

Considering the above, this Court find that the reason assigned by the Secretary, Municipal Council holding that the petitioner has not applied for allotment of shop in the SVPMC is contrary to the documents available on record. Accordingly, the impugned order No. 422 dated 29.01.2025 is set aside and the matter is remanded back to the Secretary, Municipal Council to consider the representations made by the petitioner dated 20.12.2018 and 13.02.2022 appearing at pages 50 and 51 of the present writ application. After giving an opportunity of personal hearing to the petitioner, the Secretary shall pass reasoned order within a period of eight weeks from the date of receipt of this order. It is made clear if the order goes against the petitioner, the authorities shall not take any action against the petitioner for one week from the date of the order.

WPA/57/2025 is disposed of.

( Kausik Chanda, J. )