Madras High Court
R.Seshadri Prasad vs Tambaram City Municipal Corporation on 19 August, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No. 24215 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.24215 of 2024
and W.M.P.No.26470 of 2024
R.Seshadri Prasad .... Petitioner
Vs
1. Tambaram City Municipal Corporation,
Rep. by its Commissioner,
Chrompet, Chennai – 600 044.
2. The Tahsildar,
Office of the Tahsildar,
Pallavaram,
Chennai – 600 043.
3. The Assistant Divisional Engineer (H),
Highways Department,
Construction and Maintenance,
Tambaram Sub-division,
1st Cross Street, Kalyan Nagar,
Tambaram, Chennai – 600 045.
4. The Assistant Engineer (H),
Highways Department,
Construction and Maintenance,
Tambaram Sub-division,
1st Cross Street, Kalyan Nagar,
Tambaram, Chennai – 600 045. .... Respondents
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https://www.mhc.tn.gov.in/judis
W.P.No. 24215 of 2024
Prayer : Writ Petition is filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus, forbearing the respondents 3
& 4 from removing the petitioner's Aavin Bunk Shop, situated at Survey
No.273, Zameen Pallavaram, Pallavaram Taluk, Chengalpattu District, till
the passing of the order by the second respondent for providing an
alternate site to the petitioner to run the Aavin Bunk Shop, based on the
order of this Court dated 01.03.2024 in W.P.No.5283 of 2024.
For Petitioner : Mr.K.Selvaraj
For R1 : Mr.P.Srinivas
Standing Counsel
For R2 to R4 : Mr.V.Manoharan
Additional Government Pleader
ORDER
This Writ Petition has been filed forbearing the respondents 3 & 4 from removing the petitioner's Aavin Bunk Shop, situated at Survey No.273, Zameen Pallavaram, Pallavaram Taluk, Chengalpattu District, till providing an alternate site to the petitioner to run the Aavin Bunk Shop.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner submitted an application to grant Aavin 2/6 https://www.mhc.tn.gov.in/judis W.P.No. 24215 of 2024 Franchise to run the Aavin retail business in Survey No.273, Zameen Pallavaram, Pallavaram Taluk, Chengalpattu District. The second respondent, by proceedings dated 16.06.2020, had granted permission to the petitioner to run an Aavin Parlour. The Aavin, by a proceedings dated 23.07.2020, had also granted Franchisee Retailship to the petitioner. Thereafter, the petitioner obtained electricity connection and run the business.
4. While being so, the first respondent served with a notice on the petitioner dated 20.02.2024 called upon the petitioner to remove the Aavin Bunk Shop in order to lay the storm water drain at Pallavaram- Thoraipakkam-200 feet Radial Road at the entrance of Vel's University. Thereafter, the petitioner submitted an explanation and he was given an opportunity in the enquiry. After a detailed enquiry, the first respondent found that the place in which the petitioner runs the Aavin Parlour is situated in the water catchment of Puthery Lake and as such the storm water drainage has to be laid through the place in which the petitioner runs the Aavin Parlour. While being so, the petitioner made a request to provide alternative place. The said request was forwarded by the first 3/6 https://www.mhc.tn.gov.in/judis W.P.No. 24215 of 2024 respondent to the second respondent. On receipt of the same, the second respondent directed the Revenue Inspector to find out any suitable place available for running an Aavin Parlour. On enquiry, the Revenue Inspector also found that there is no place to provide as alternative site to the petitioner.
5. The learned Government Advocate submitted that the photograph produced shows that, because of the petitioner's Aavin Parlour, the work of laying storm water drainage has been stalled.
6. In view of the above, the direction sought for in this writ petition cannot be considered. Thus, the writ petition lacks merits and it is liable to be dismissed. Accordingly, this writ petition stands dismissed. However, the second respondent is directed to consider the request made by the petitioner and pass order on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. It is made clear that the respondents can very well proceed with the laying of storm water drainage.
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1. The Commissioner, Tambaram City Municipal Corporation, Chrompet, Chennai – 600 044.
2. The Tahsildar, Office of the Tahsildar, Pallavaram, Chennai – 600 043.
3. The Assistant Divisional Engineer (H), Highways Department, Construction and Maintenance, Tambaram Sub-division, 1st Cross Street, Kalyan Nagar, Tambaram, Chennai – 600 045.
4. The Assistant Engineer (H), Highways Department, Construction and Maintenance, Tambaram Sub-division, 1st Cross Street, Kalyan Nagar, Tambaram, Chennai – 600 045.
G.K.ILANTHIRAIYAN, J.
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