Madras High Court
A.M.Jamal Mohammed Ibrahim … vs The District Collector on 22 April, 2022
Author: R. Suresh Kumar
Bench: R.Suresh Kumar
W.P.No.10301 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.10301 of 2022
and W.M.P.No.10014 of 2022
A.M.Jamal Mohammed Ibrahim …. Petitioner
-Vs-
1.The District Collector
Office of the Collectorate
Rajaji Salai, 4th Floor
62, Beach Road
George Town
Chennai 600 001.
2.The Managing Director
TASMAC Limited
Thalamuthu Natarajan Building
4th Floor, 2nd Block
Gandhi Irwin Road
Egmore, Chennai 600 008.
3.The South Regional Manager
TASMAC Limited
735, IV Floor, L.L.A., Building
Anna Salai, Chennai 600 002.
4.The District Manager
TASMAC Department
Chennai South District
B-4, Ambattur Industrial Estate
Chennai (South) District
Chennai – 600 058. …. Respondents
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https://www.mhc.tn.gov.in/judis
W.P.No.10301 of 2022
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the
issuance of a Writ of Mandamus directing the 4th respondent herein to close the
TASMAC Shop No.647 and shift the TASMAC Shop No.647 from Door No.131, Eldams
Road, Teynampet, Chennai 600 018.
For Petitioner : Ms.N.Lalitha
For Respondents : Mr.S.Ravichandran
Additional Government Pleader – for R1
Mr.P.Arumugaraja
Standing Counsel – for R2 to R4
ORDER
The prayer sought for herein is for a Writ of Mandamus directing the 4th respondent herein to close the TASMAC Shop No.647 and shift the TASMAC Shop No.647 from Door No.131, Eldams Road, Teynampet, Chennai 600 018.
2. The respondent TASMAC is already running a TASMAC retail vending shop No.647 in a building located at Door No.131, Eldams Road, Teynampet, Chennai 600018. The property belongs to the erstwhile owner, who let out the premises to TASMAC for having the TASMAC retail vending shop.
3. Recently the said property has been purchased by the petitioner. After the petitioner purchased the property, he does not want to let out the premises to TASMAC. Therefore, he has made a request to the respondent TASMAC to vacate the shop and hand over vacant possession.
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4. In view of the said request made by the petitioner, though a decision in principle was taken by the TASMAC to vacate it in order to find out the alternative location, they are still running the shop in the present address ie., in the property belonging to the petitioner. Therefore, in order to give a direction to the respondent to immediately relocate the shop, the present writ petition has been filed.
5. Heard Ms.N.Lalitha learned counsel for the petitioner and Mr.S.Ravichandran, learned Additional Government Pleader appearing for the first respondent and Mr.P.Arumugaraja, learned Standing Counsel appearing for the respondents 2 to 4.
6. Learned counsel for the respondents relied upon the decision taken, which is reflected in the notification dated 08.03.2022, which reads thus.
“ lh!;khf; ypl; brd;id khtl;lj;jpw;Fl;gl;l fjt[ vz;
131. vy;lhk;!; nuhL. njdhk;ngl;il. brd;id?18. vd;w Kfthpapy;; kJghd rpy;yiw tpw;gidf; fil vz;/647 ,a';fp tUfpwJ/ ghh;itapy; fhQqk; jh';fs; nkw;fz;l filia fhypbra;J jUk;go nfl;Lf;bfhz;ljw;fpz';f fil vz;/647?ia ,lkhw;wk; bra;ak [ ;bghUl;L mg;gFjpapy;
khw;W ,lk; njh;t[ bra;ag;gl;L tUfpwJ/ filia ,lkhw;wk;; bra;tJ bjhlh;ghf ,f;filapd; 3/6 https://www.mhc.tn.gov.in/judis W.P.No.10301 of 2022 nkw;ghh;itahshplk; mwpt[Wj;jg;gl;Ls;sJ/ vdnt muRf;F brhe;jkhd kJghd bgl;ofs; mjpfstpy; ,Ug;gjhy; nkw;fz;l filia ,lkhw;wk; bra;tjw;F rpy khj';fs; fhy mtfhrk; njitg;gLfpd;wd/ filia ,lkhw;wk; bra;J fl;olj;ij j';fsplk; xg;gilj;JtpLfpnwhk; vd;gij ,jd;Ky : k; j';fSf;F bjhptpj;Jf;bfhs;fpnwd;/
7. Since the respondents, especially the TASMAC have already taken a decision to relocate the shop to some other place for which alternative site is being searched for, once the alternative site or building is located, certainly the present location of the shop would be vacated. For the said purpose, though they seek three months, this Court feels that two months can be given which is a reasonable time within which the respondents can vacate the present shop running at the petitioner's premises and relocate the same in a suitable place.
8. In that view of the matter, recording the aforesaid, by giving two months time to relocate the shop from the premises, this writ petition is disposed of. Till the relocation is taken place ie., for the next one or two months, as the case may be, the petitioner is entitled for the rent / lease amount from the date of purchase of the property and in this regard if the erstwhile owner has already been paid the rent by the TASMAC for the earlier period, that can be recovered from the erstwhile owner and can be paid to the petitioner.
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9. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
22.04.2022 Index : Yes/No Internet : Yes/No KST To
1.The District Collector Office of the Collectorate Rajaji Salai, 4th Floor 62, Beach Road George Town Chennai 600 001.
2.The Managing Director TASMAC Limited Thalamuthu Natarajan Building 4th Floor, 2nd Block Gandhi Irwin Road Egmore, Chennai 600 008.
3.The South Regional Manager TASMAC Limited 735, IV Floor, L.L.A., Building Anna Salai, Chennai 600 002.
4.The District Manager TASMAC Department Chennai South District B-4, Ambattur Industrial Estate Chennai (South) District Chennai – 600 058.
5/6 https://www.mhc.tn.gov.in/judis W.P.No.10301 of 2022 R. SURESH KUMAR, J.
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