Madras High Court
S.Venkatesan vs The Director on 18 October, 2022
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P(MD)No.21670 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.10.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.21670 of 2022
and
W.M.P(MD)Nos.15803 & 15804 of 2022
S.Venkatesan ..Petitioner
Vs
1.The Director,
National Institute of Technology,
Tiruchirappalli.
2.The Registrar & Estate Officer,
Estate Maintenance Department,
National Institute of Technology,
Tiruchirappalli-625 015.
3.The Executive Engineer,
Estate Maintenance Department,
National Institute of Technology,
Tiruchirappalli-625 015. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned order in
Ref.NITT/EMD/shops/Notice/2022-23/9 dated 30.08.2022 issued by the third
respondent for eviction of Tea and snacks stall, Shop No.BHZ-10 at Boys
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Hostel Zone in the premises of NITT and quash the same and consequently
direct the third respondent not to evict the petitioner from the shop No.BHZ-10
at Boys Hostel Zone in the premises till the license period I.e., 2022-23.
For Petitioner :Mr.R.Senthil Kumar
For Respondents :Mrs.J.Maria Roseline
ORDER
The petitioner has filed the Writ Petition seeking issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Ref.NITT/EMD/shops/Notice/2022-23/9 dated 30.08.2022 issued by the third respondent for eviction of Tea and snacks stall, Shop No.BHZ-10 at Boys Hostel Zone in the premises of NITT and quash the same and consequently direct the third respondent not to evict the petitioner from the shop No.BHZ-10 at Boys Hostel Zone in the premises till the license period I.e., 2022-23.
2. The learned counsel appearing for the petitioner would submit that the petitioner and his wife got divorced during 2002 and hence, his wife and their children are living separately at his wife's house. The petitioner was running a Tea shop in and around Thiruverumber. During July 2014, the respondent called for open tender for shops. He participated and he was allotted a shop on 05.08.2014 with the campus of the respondent. He paid a sum of Rs.22,500/- as security deposit on 28.11.2014 and the rent was fixed as Rs.3,800/-. The https://www.mhc.tn.gov.in/judis 2/9 W.P(MD)No.21670 of 2022 petitioner was authorized to sell food items based on the FSSAI certificate and the same was registered on 15.02.2018 and extended up to 14.02.2023. During December 2018 he was severely suffered due to abdominal pain and he was advised for surgery. He undergone surgery and was advised by the doctor that he should avoid heavy manual work for 6 months. Hence, he could not continue his earlier work.
3. He would further submit that in the meanwhile, the respondents called for tender to run a tea shop in their campus. Based on the tender, he was allotted a shop No.BHZ-10 at Boys Hostel Zone in the premises of NITT vide Letter of Intent for licensing dated 25.06.2019 in Ref.No.NITT/EMD/EO/Lo1/2019-20/12 for a period of three years I.e., till 2022-23. It is stated that the security deposit amount is fixed as Rs.49,200/- and the rent is fixed as Rs.4,100/- in additional to 18% GST per month. From the date of allotment of shop he is abiding the terms and conditions and running the shop without any prejudice. Due to Covid-19 pandemic situation throughout the world, the shops were all closed for more than 1 ½ years. Even during the pandemic situation, he was not a defaulter in paying rent. From the date of occupation, he has not violated any terms and conditions as prescribed in the Letter of Intent. While the fact being so, the third respondent issued the show https://www.mhc.tn.gov.in/judis 3/9 W.P(MD)No.21670 of 2022 cause notice dated 06.05.2022 stating that he has been selling unauthorized items such as fried rice, noodles, chicken varieties, shawarma etc., without any approval from the institute and violated the terms and conditions of the letter of intent. As stated by the third respondent, he has not selling food items such as fried rice, noodles, chicken varieties, shawarma etc., since it required more space to prepare such foods and the odor of the food will spread quickly throughout the campus. In the meantime, he was forced to give a letter dated 09.05.2022 accepting his guilt and to seek excuse for selling unauthorized food items. The third respondent issued the show cause notice with the malafide intention to grab more money from him above the terms and conditions.
4. He further submitted that on 08.06.2022 the second respondent has issued impugned show cause notice for license termination of Tea and snacks stall, Shop No.BHZ-10 at Boys Hostel Zone in the premises of NITT in Ref.NITT/EMD/Shops/Termination Notice/2022-23/1. In the said notice, it is stated that as a response to the notice, a statement given by him accepting the offences as stated in the show cause notice was received in EMD office on 09.05.2022. But as stated in the said notice, the statement was not given by him. It was created by the respondents to their convenience. The petitioner has sent his explanation on 10.06.2022 in person to the second respondent and on https://www.mhc.tn.gov.in/judis 4/9 W.P(MD)No.21670 of 2022 20.06.2022 through registered post and the same has been duly received by the second respondent. Hence, without having any other option, he was forced to file writ petition before Court in W.P(MD)No.13873 of 2022 and on 01.07.2022 this Court has granted interim stay. Even there is an interim stay granted by this Court, the respondents restrained him from entering the campus, hence, he lodged the complaint before the Inspector of Police, Thuvakkudi on 20.07.2022. In this circumstances, he came to know that the respondents are wrecking vengeance on him that the shop was required by a influence to a particular person who is well settled, hence, the respondents are charging him and restraining him from entering and running the shop. The above writ petition in W.P(MD)No.13873 of 2022 was disposed of by this Court stating that “the petitioner is not having any subsisting license. It is also the allegation of the respondents that the petitioner had contravened the terms and conditions of the license, hence, the Court do not want to go into the said controversy. The petitioner can maintain the writ petition before this Court only if he can demonstrate that an enforceable legal right is inhering in him. Since the license period had expired, the petitioner cannot maintain the writ petition”.
5. In the meantime, the third respondent, dated 30.08.2022 in Ref.NITT/EMD/Shops/Notice/2022-23/9 called upon the petitioner to clear the https://www.mhc.tn.gov.in/judis 5/9 W.P(MD)No.21670 of 2022 dues and vacate the premises before 14.09.2022. Failing which, necessary actions will be taken to vacate the site. Challenging the said notice, the petitioner has filed the present writ petition.
6. Mrs.J.Maria Roseline, learned counsel appearing for the respondents would submit that earlier on 08.06.2022 the respondent has issued Termination notice in Ref.NITT/EMD/Shops/Termination Notice/2022-23/1 on the ground that the petitioner has violated the letter of intent (Ref 1) conditions. Challenging the said notice, the petitioner has already filed a writ petition in W.P(MD)No.13873 of 2022 before this Court and the same was dismissed by this Court on 03.08.2022. Now, the respondent issued the impugned order dated 30.08.2022 and this is only a notice for clearing the dues and vacate the premises before 14.09.2022 and there is no cause of action arise for filing the writ petition and prayed for dismissal of the writ petition.
7. Heard the learned counsel appearing for the petitioner as well as the respondents and perused the materials available on record.
8. The petitioner was given license and later point of time he has violated the terms and conditions and hence, his license was terminated. Challenging https://www.mhc.tn.gov.in/judis 6/9 W.P(MD)No.21670 of 2022 the same, the petitioner filed writ petition before this Court in W.P(MD)No. 13873 of 2022 before this Court and the same was dismissed by this Court on 03.08.2022 on the ground that the petitioner is not having any subsisting license and after the dismissal of the said writ petition, the petitioner has not vacated the premises and hence, the respondent has issued the impugned show cause notice dated 30.08.2022 called upon the petitioner to clear the dues and vacate the premises before 14.09.2022. Failing which, necessary actions will be taken to vacate the site. The petitioner is not having any subsisting license and his prayer for issuance of writ of certiorarified mandamus cannot be accepted and the same is rejected.
9. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
10. The respondents are directed to repay the security deposit, if any, paid by the petitioner after deducting the dues, if any, payable by the petitioner and if further dues are there, they are permitted to collect the said dues from the petitioner.
Index :Yes/No
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Internet :Yes/No 18.10.2022
am
To
1.The Director,
National Institute of Technology,
Tiruchirappalli.
2.The Registrar & Estate Officer,
Estate Maintenance Department,
National Institute of Technology,
Tiruchirappalli-625 015.
3.The Executive Engineer,
Estate Maintenance Department,
National Institute of Technology,
Tiruchirappalli-625 015.
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W.P(MD)No.21670 of 2022
V.BHAVANI SUBBAROYAN, J.
am
W.P(MD)No.21670 of 2022
18.10.2022
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