Madras High Court
N.Nirmala vs The District Collector on 30 April, 2021
W.A.No.1290 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.1290 of 2021
and C.M.P.No.8186 of 2021
1.N.Nirmala
2.B.P.Malar
3.Devaki .. Appellants
Vs
1.The District Collector,
Thiruvallur District,
Thiruvallur.
2.The Managing Director,
Tamilnadu Corporation for Development
of Women Limited,
Mother Theresa Women's Complex,
Chennai - 600 034.
3.The Project Officer,
Tamilnadu Women's Development Project,
Thiruvallur District,
Thiruvallur.
4.The Block Development Officer(Village Panchayat),
Ekkadu, Thiruvallur District.
5.T.V.Shree Devi .. Respondents
Page 1 of 5
https://www.mhc.tn.gov.in/judis/
W.A.No.1290 of 2021
Appeal filed under Clause 15 of the Letters Patent against the
order dated 03.02.2021 made in W.P.No.31327 of 2013.
For Appellant : Mr.A.S.Sathiesh Kumar
For Respondents : Mr.V.Kadhirvelu
Special Government Pleader
for R1,R3 and R4
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This writ appeal is directed against the order dated 03.02.2021
made in W.P.No.31327 of 2013, whereby the learned single Judge
dismissed the writ petition.
2.The appellants have been given licences by the third
respondent. The licences issued got expired in the year 2012.
Thereafter, notices were issued asking them to vacate the portion of
the property under their possession. As they failed to do so, the
impugned notices were issued. Challenging the aforesaid notices, writ
petitions have been filed.
https://www.mhc.tn.gov.in/judis/
W.A.No.1290 of 2021
3.The learned single Judge dismissed the writ petitions filed,
taking note of the fact that the period of licence was over long time
back and the need was to renovate and reconstruct the building which
is in dilapidated condition. Further more, the allocation itself is
temporary. Challenging the aforesaid order, the present appeal has
been filed.
5.Learned counsel appearing for the appellants submitted that
taking note of the fact that the appellants are women entrepreneurs
and they having been paid the rent atleast for some time, the licence
ought to have been extended.
6.We do not find any merit at all in this appeal. The learned
single Judge has correctly considered the relevant materials. Apart
from the non-payment of rent, the need for evicting the appellants and
taking possession has been clearly spelt out. The other licensees have
vacated their respective shops. The allotment itself was on a
temporary basis. The period was over way back in the year 2012. The
appellants agreed to the terms and conditions of the licences which
also speak of evicting them on notice. The appellants were also issued
with show cause notices.
https://www.mhc.tn.gov.in/judis/
W.A.No.1290 of 2021
7.In such view of the matter, we do not find any reason to
interfere with the order passed by the learned single Judge. Thus, we
make it clear that in the event of the shopping complex in which the
appellants have been allotted shops is put into use after completion of
the work, the appellants can very well apply.
8.With the above observation, the writ appeal stands closed. No
costs. Consequently, connected miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
30.04.2021
Index:Yes/No
mmi
To
1.The District Collector,
Thiruvallur District,Thiruvallur.
2.The Managing Director,
Tamilnadu Corporation for Development of Women Limited,
Mother Theresa Women's Complex, Chennai - 600 034.
3.The Project Officer,
Tamilnadu Women's Development Project,
Thiruvallur District, Thiruvallur.
4.The Block Development Officer(Village Panchayat),
Ekkadu, Thiruvallur District.
https://www.mhc.tn.gov.in/judis/
W.A.No.1290 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.1290 of 2021
30.04.2021
https://www.mhc.tn.gov.in/judis/
