Madras High Court
Sujith Cherrian vs The Commissioner on 11 August, 2021
W.A.No.2322 of 2018 and C.M.P.No.18504 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.A.No.2322 of 2018 and C.M.P.No.18504 of 2018
Sujith Cherrian ... Appellant
-vs-
1.The Commissioner,
Municipal Administration and
Water Supply Department,
Chepauk, Chennai – 600 005.
2.The Commissioner,
Greater Chennai Corporation,
“Rippon Buildings”, Park Town,
Chennai – 600 003.
3.The Zonal Officer, Zone-9,
Greater Chennai Corporation,
No.1, Lake Area, 4th Cross Street,
Nungambakkam,
Chennai – 600 034.
4.The Assistant Revenue Officer, Zone-9,
Greater Chennai Corporation,
No.1, Lake Area, 4th Cross Street,
Nungambakkam,
Chennai – 600 034. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act
against the order dated 29.06.2018 made in W.P. No.19107 of 2017
on the file of this Court.
1/4
https://www.mhc.tn.gov.in/judis/
W.A.No.2322 of 2018 and C.M.P.No.18504 of 2018
For Appellant : No appearance
For Respondents : Mr.M.Ganesan
for R2 to 4
Mr.T.Arunkumar,
Government Advocate for R1
JUDGMENT
(Judgment of this Court was delivered by T.RAJA,J.)
This writ appeal has been directed against the impugned order
dated 29.06.2018 passed by the learned Single Judge in W.P.
No.19107 of 2017 wherein the appellant being the licencee of Shop
No.2 of the respondent Corporation was given option to accept the
offer given by the respondents within a period of one month and also
to pay arrears within a period of two months, failing which, he was
deemed to have vacated the tenement.
2.Learned counsel appearing for the Corporation/respondents 2
to 4 submitted that in spite of the above direction given by the learned
Single Judge, the appellant has not paid the arrears amount of
Rs.7,51,660/- towards lease rent and he has been keeping the shop
under lock and key, but has removed all the articles from the shop.
3.Learned Government Advocate appearing for the first
respondent, drawing our notice to an order dated 19.04.2018 passed
https://www.mhc.tn.gov.in/judis/
W.A.No.2322 of 2018 and C.M.P.No.18504 of 2018
by the Division Bench of this Court in Writ Appeal Nos.203, 204, 362
and 363 of 2018, submitted that similarly placed persons as that of the
appellant was granted time till 04.06.2018 to pay the enhanced lease
amount as demanded by the Municipality, failing which, liberty was
given to the Municipality to proceed further to conduct tender cum
public auction of the shops in question.
4.When the matter was taken up on 10.08.2021, there was no
representation on behalf of the appellants and therefore, the registry
was directed to list the matter under the caption 'for dismissal' today.
Even today there is no representation for the appellants.
5.As it appears that the appellant has not made use of the
opportunities given by this Court to clear the arrears amount and has
removed all the articles from the shop and also not appeared in the
auction, this writ appeal stands dismissed. Consequently, C.M.P.
No.18504 of 2018 is closed. No costs.
(T.R.,J.) (V.S.G.,J.)
11.08.2021
vga
https://www.mhc.tn.gov.in/judis/
W.A.No.2322 of 2018 and C.M.P.No.18504 of 2018
T.RAJA, J.
and
V.SIVAGNANAM, J.
vga
To
1.The Commissioner,
Municipal Administration and
Water Supply Department,
Chepauk, Chennai – 600 005.
2.The Commissioner,
Greater Chennai Corporation,
“Rippon Buildings”, Park Town,
Chennai – 600 003.
3.The Zonal Officer, Zone-9,
Greater Chennai Corporation,
No.1, Lake Area, 4th Cross Street,
Nungambakkam,
Chennai – 600 034.
4.The Assistant Revenue Officer, Zone-9,
Greater Chennai Corporation,
No.1, Lake Area, 4th Cross Street,
Nungambakkam,
Chennai – 600 034.
W.A.No.2322 of 2018 and C.M.P.No.18504 of 2018
11.08.2021
https://www.mhc.tn.gov.in/judis/
