Madras High Court
M/S.Radhe Krishna Automotives vs The Executive Engineer-Ii on 6 March, 2025
Author: S. M. Subramaniam
Bench: S. M. Subramaniam
WP No. 33710 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
WP No. 33710 of 2024
AND
WMP NO. 36499 OF 2024,WMP NO. 36497 OF 2024
M/s.Radhe Krishna Automotives
Rep By Its Partner Moyilla Gayathri
Devi, Old No.7/4, New No.7, Nethaji
Street, Velacharry Main Road,
Pallikaranai, Chennai-600 100
Petitioner(s)
Vs
1. The Executive Engineer-II
Zone-14, Greater Chennai Corporation,
No.6/64,Puzhthivakkam Main Road,
Chennai-600 091
2.S.Dass
3.S.Karunakaran
Respondent(s)
WP No. 33710 of 2024
https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 05:37:13 pm )
WP No. 33710 of 2024
PRAYER
calling for the records pertaining to the impugned proceedings vide dated
05.11.2024 vide Z.O.14/C.No./A1/5988/2020 to quash the same so far as the
petitioners interest and to direct the respondent to provide sufficient time to
establish, re-locate or to make alternative arrangements to run the petitioner's
retail licensed distribution business.
For Petitioner(s): Mr.V.Manohar
For Respondent(s): Mr.Prithvi Chopda SC For R1
Mrs.S. Rajeni Ramadass For
M/s. Rajeni Associates For R2
and R3
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The writ petition has been instituted challenging the proceedings dated 05.11.2024 and seeks a direction to the respondents to provide sufficient time for the petitioner to establish, relocate, or make alternative arrangements to operate their retail licensed distribution business.
2. Mr.V.Manoharan, the learned counsel for the petitioner would submit that the petitioner had already filed an affidavit on 18th November, 2024 stating that she will vacate the subject premises and hand over vacant possession https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 05:37:13 pm ) WP No. 33710 of 2024 enabling the Greater Chennai Corporation / 1st respondent to seal the property and initiate all further actions to demolish the unauthorised constructions.
However, despite filing the affidavit, the petitioner has not vacated the premises to date.
3. The learned counsel for the petitioner would submit that the petitioner required some more time. However, the said submission in the opinion of this Court in unreasonable. The petitioner was given an undertaking before this Court is expected to honour it according to their own timeline. Sufficient time had already been granted.
4. Although the undertaking does not specify a timeframe, a reasonable period must be considered. Since the undertaking was filed on 18th November, 2024, near about three and half months have passed. This court is inclined to grant two more months for the petitioners to vacate the premises, enabling the 1st respondent/ Corporation authorities to seal the premises and initiate all further actions.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 05:37:13 pm ) WP No. 33710 of 2024
5. Accordingly, the writ petitioner is directed to vacate the premises on or before May 6, 2025, and inform the Corporation authorities, enabling them to seal the premises and initiate further actions by following the due process. In the event of failure on the part of the writ petitioner, the 1st respondent / Corporation is directed evict the petitioner, if necessary, with the assistance of Police and proceed with all further actions.
6. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.
(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 06-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 05:37:13 pm ) WP No. 33710 of 2024 WP No. 33710 of 2024 To
1.The Executive Engineer-ii Zone-14, Greater Chennai Corporation, No.6/64,Puzhthivakkam Main Road, Chennai-600 091
2.S.Dass S/o.Sadayappan, Old No.7/4, New No.7 Nethaji Street, Velacharry Main Road, Pallikaranai, Chennai-600 100
3.S.Karunakaran S/o.K.Shanmugam, 57/27, Bajanai Kovil Street, Choolaimedu, Chennai-
600 094 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 05:37:13 pm ) WP No. 33710 of 2024 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J.
Jeni WP No. 33710 of 2024 06-03-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 05:37:13 pm )