Madras High Court
Anna Perunthu Nilaya Vattara vs The State Of Tamil Nadu on 28 January, 2019
Author: K.K.Sasidharan
Bench: K.K.Sasidharan, P.D.Audikesavalu
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.01.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
and
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.[MD]No.24461 of 2018
and
W.M.P.[MD]No.22170 of 2018
Anna Perunthu Nilaya Vattara
Viyaparikal Nala Sangam,
Registered No.101/2006,
Represented by the President,
N.K.Annarajan : Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by the Secretary,
Municipal Administration and
Water Supply Department,
Secretariat, Fort St. George,
Chennai-9.
2.The Director,
O/o. the Director of Town and Country Planning,
No.807, Anna Salai,
Chennai-600 002.
http://www.judis.nic.in
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3.The District Collector,
Collectorate,
Thoothukudi District.
4.The Thoothukudi Corporation,
Rep. by its Commissioner -cum- Special Officer,
Corporation Building,
Palayamkottai Road,
Thoothukudi District-2. : Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution
of India, praying for the issuance a Writ of Mandamus, forbearing
the respondents from evicting the petitioner and the members of
the petitioner's Sangam, namely Anna Perunthu Nilaya Vattara
Viyaparikal Nala Sangam, Thoothukudi, described in the list
provided in the typed-set of papers from their respective licensed
shops situated at old Bus Stand, Thoothukudi District, without
providing alternative shops at the temporary bus stand premises
with electricity and water connection within the time stipulated by
this Court.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents 1to3 : Mr.A.K.Baskarapandian,
Special Government Pleader
For Respondent No.4 : Mr.S.Saji Bino
*********
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ORDER
*********** [Order of the Court was made by K.K.SASIDHARAN, J.] This Writ Petition is filed by a registered Society of Traders for issuance of a Writ in the nature of a Writ of Mandamus, to restrain the respondents and more particularly, the fourth respondent from evicting them from the old bus stand, Tuticorin, without providing alternative accommodation.
2. The members of the Association are the licensees under the Tuticorin Municipal Corporation. They are in possession of the shops located inside the old bus stand, Tuticorin. The Corporation initiated action for eviction of the existing licensees for re- construction of bus stand and the same resulted in filing this Writ Petition.
3. The Tuticorin Municipal Corporation is included in the smart city project. In order to make the city smart, the Municipal Corporation initiated various measures, which includes the re- construction of the bus stand. The existing licensees were directed to vacate the premises with an undertaking that they would be given allotment once the bus stand is re-constructed. However, the http://www.judis.nic.in 4 proposal was not acceptable to the traders, resulting in taking up follow-up action by the Municipal Corporation for their eviction.
4. The following order was passed on 17 December, 2018, to address the grievances expressed by the traders:
"Let the Commissioner, Thoothukudi Corporation, file an affidavit with regard to the status of the construction of bus stand. He should indicate as to whether contract has already been given and in case, it was given, the outer time limit for completion of construction. In case, the tender is yet to be called, the action taken so far, for issuance of notification and the time limit for submission of tenders and its acceptance, must also be indicated. In case, it is possible to give alternative allotment to the 53 licensees, who are now doing business at the old bus stand, such status should also be mentioned in the affidavit. He should also state as to when the possession of the shops would be handed over by the licensees.
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2.Let the Commissioner appear before us in person with the required particulars on 19 December, 2018.
3.Post the Writ Petition on 19 December, 2018.
5. The Commissioner, Tuticorin Municipality, appeared before us on 19 December, 2018 and submitted that the Local Body is in the process of receiving administrative sanction for giving the tender for construction of the bus stand. We passed the following order on 19 December, 2018, while adjourning the Writ Petition for hearing on 10 January, 2019:
"Dr.Alby John Vargheese, the Commissioner, Thoothukudi Municipality is present in Court today pursuant to our earlier order.
2.The Commissioner pursuant to the direction issued by this Court filed an affidavit indicating that the local body is in the process of getting administrative sanction for giving tender for the construction of the bus stand. The http://www.judis.nic.in 6 Commissioner has given the time schedule for entrusting the work. The outer time limit for completing the work is 18 months. According to the Commissioner, there is no vacant place available for giving alternative accommodation to the existing tenants. The plea for alternative accommodation is therefore turned down by the local body.
3.The list produced by the Commissioner contains the details of the arrears of lease rent payable by the lessees.
4.Mr.T.Lajapathi Roy, the learned counsel for the petitioner on instruction submitted that the lessees would discharge the entire arrears amount before 31.12.2018 and the lessees will give unconditional affidavit agreeing to vacate on or before 31 January, 2019. The affidavit shall be submitted before 05.00 p.m. on 31.12.2018.
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5.In case any such undertaking is given, the Commissioner shall extend the time till 15th February, 2019 with a stipulation that the entire premises should be vacated by 15 February, 2019. After completion of the construction, allotment would be made to all the existing lessees who were originally given accommodation meaning thereby the local body would entertain only the lessees who are the original allottees.
6.Let the Commissioner collect the affidavits of undertaking from the present lessees and submit a report before this Court on 10 January, 2019. He should also indicate as to whether the existing lessees have paid the arrears as per the list annexed to the affidavit.
7.When a suggestion was made by the learned counsel for the petitioner as to whether the Commissioner could be directed to allot a particular place selected by the individual lessees http://www.judis.nic.in 8 for the temporary accommodation, it was submitted that in case the site is unobjectionable and cleared by the police authorities, the local body would allot such space with conditions. It is made clear that all such allotment would be temporary and the concerned lessees have to vacate it immediately when the newly constructed bus stand is ready for allotment.
Post on 10 January, 2019."
6. The Commissioner, Tutirocin Municipal Corporation filed an affidavit dated 10 January, 2019, undertaking to allot shops to the existing licensees after re-construction of the bus stand. The Commissioner, in his affidavit, referred to the undertaking affidavits submitted by the existing licensees. There is a dispute with regard to the undertaking affidavits given by the licensees of premises in Serial Nos.9, 22, 27, 28, 29, 30, 45, 48 and 49.
7. We are informed that the licensees in respect of premises Nos.74, 629 0, 629 A, 626 and 631 are in arrears of the licence fee.
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8. We grant time to Thiru.A.Mariappan, occupier of Stall No.629 A to discharge the arrears of Rs.9,03,366/- upto 28 February, 2019. The remaining defaulters must discharge the entire arrears on or before 31 January, 2019.
9. The existing licensees have given undertaking affidavits before the Tuticorin Municipal Corporation to vacate and hand over vacant possession on or before 31 January, 2019. However, they would be given time to vacate the premises till 14 February, 2019. The vacant possession should be handed over to the Tuticorin Municipal Corporation by 15 February, 2019. We make it clear that in case the shops are not handed over to the Local Body on or before 15 February, 2019, such defaulters shall be thereafter evicted forthwith without any further notice and they would not be given allotment of new shops after re-construction.
10. The dispute relating to the possession of the shops and allotment would be decided by the Commissioner on merits.
11. The Commissioner, Municipal Corporation, Tuticorin, has given an affidavit that the entire work would be completed, http://www.judis.nic.in 10 within a period of 18 months. The Commissioner should ensure that the work is given to the Contractor, as expeditiously as possible and the entire construction is completed, within a period of 18 months from today. The existing licensees, who are eligible for allotment, should be given allotment of premises immediately after re- construction by taking lots. There would not be any preference to the existing licensees for allotment of a particular shop on the ground that at present, they are doing business on the front side of the bus stand. The allotment would be made strictly by taking lots. The area of the shop would be decided by the Commissioner in accordance with the plan prepared for construction of the bus stand.
12. The Corporation is at liberty to take possession of the entire shops on 15 February, 2019.
13. The Commissioner undertakes that the entire process of awarding contract and handing over of the site to the contractors shall be completed by 28 February, 2019 and the construction shall be completed within a period of 18 months from that date. The Commissioner must adhere to the undertaking affidavit given before this Court for completion of construction and http://www.judis.nic.in 11 allotment of shops to the existing eligible licensees immediately after such construction.
14. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
[K.K.SASIDHARAN, J.] & [P.D.AUDIKESAVALU, J.] 28.01.2019 Index : Yes/No Internet : Yes/No SML To
1.The Secretary, State of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai-9.
2.The Director, O/o. the Director of Town and Country Planning, No.807, Anna Salai, Chennai-600 002.
http://www.judis.nic.in 12 K.K.SASIDHARAN, J.
and P.D.AUDIKESAVALU, J.
SML
3.The District Collector, Collectorate, Thoothukudi District.
Order made in W.P.[MD]No.24461 of 2018 Dated: 28.01.2019 http://www.judis.nic.in