Madras High Court
Unknown vs The State Of Tamil Nadu on 26 October, 2021
W.P.(MD)No.19052 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.10.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.(MD) No.19052 of 2021
1.A.Mohammed Ismail
2.M.Mydeen
3.M.Shakul Kamidu
4.R.Bakiam
5.P.Murugan
6.Ibrahimsha
7.M.Mydeen Abdul Kadar
8.M.Akbarali
9.M.Masthan
10.M.Masthan
11.P.Velusamy
12.N.Balasubramanian
13.M.Mathappa
Page 1 of 10
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W.P.(MD)No.19052 of 2021
14.S.Balakrishnan
15.V.Arul Elango
16.A.GopalaKrishnan
17.Valarmathi
18.K.Karuppasamy .. Petitioner
Vs
1.The State of Tamil Nadu,
represented by the Principal Secretary,
Department of Municipal Administration and Water Supply,
Fort St.George,
Chennai.
2.The Tirunelveli Corporation,
represented by its Commissioner,
Tirunelveli District.
3.The Managing Director,
O/o.The Managing Director,
Tirunelveli Smart City Limited,
Corporation Building,
S.N.High Road,
Tirunelveli District.
4.The Director of Town and Country Planning,
Office of the Director of Town and Country Planning,
807, Anna Salai,
Chennai -02. .. Respondents
Page 2 of 10
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W.P.(MD)No.19052 of 2021
PRAYER: Petition under Article 226 of the Constitution of India seeking
issuance of a Writ of Mandamus directing the second respondent to
provide the alternate shops to the Petitioner's Survey No.1077, in Jawahar
Thidal and in Erumaikida Ground situated in S.No.1358/2, Palayamkottai,
Tirunelveli District and rehabilitate/reinduct the Petitioners after the
completion of the construction in the Mahatma Gandhi Market Smart City
Project as per order dated 1.9.2021 of this Court in W.P(MD)Nos.2262,
2265, 2268, 2270,2277, 3256,3265, 3270, 3276, 3277, 3281, 3283, 3286,
3287, 3300, 3303, 3313 of 2021 within the time frame stipulated by this
Court.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents : Mr.P.Thilakkumar
1 and 4 Govt.Pleader
For Respondents : Aayiram K.Selvakumar
2 and 3
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
The present petition is a sequel to a batch of petitions led by
W.P.(MD)No.2263 of 2021 which was disposed of by an order of
September 1, 2021.
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W.P.(MD)No.19052 of 2021
2.The challenge in the previous set of petitions pertained to shops at
the Mahatma Gandhi Market, Palayamkottai in Tirunelveli District as the
market was being renovated and the shopkeepers thereat faced temporary
dispossession during the period that the construction work would be carried
out.
3.The market had been decided to be reconstructed under the smart
city scheme at a cost of Rs.40 Crore. The relevant Municipal Corporation
has provided temporary alternate accommodation to the lessees of the shops
at Mahatma Gandhi Market. Accordingly, the writ petitions were disposed
of without interfering with the construction work taken up at the market and
by noticing that alternative accommodation on temporary basis had been
arranged for the existing lessees of the shop-rooms.
4.The present petition is for the immediate allocation of the temporary
accommodation at the alternative site.
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W.P.(MD)No.19052 of 2021
5.Mr.Aayiram K.Selvakumar, learned Counsel, takes notice on behalf
of the Tirunelveli Corporation and submits that the Corporation does not
contest the first part of the prayer by which the petitioners seek the
temporary alternative accommodation. However, the Corporation says that
no promise can be made to provide future accommodation at the Mahatma
Gandhi Market upon its reconstruction since that would be subject to the
tender that may be floated or any scheme that may be devised for that
purpose.
6.Mr.P.Thilak Kumar, learned Government Pleader, takes notice on
behalf of respondent Nos.1 and 4.
7.The Tirunelveli Corporation also points out a recent order of the
Supreme Court passed on October 22, 2021 in a batch of Special Leave
Petitions being Nos.28623-28641 of 2019. The relevant order records as
follows:
“We have heard learned counsel for the respective
parties at length. As such, we see no reason to interfere
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W.P.(MD)No.19052 of 2021
with the impugned common judgment and order passed by
the High Court. Hence the present Special Leave Petitions
stand dismissed. However, it is observed that in case the
respective original writ petitioner(s) as and when the shops
are put to auction and they are found to be equal to the
other participants/applicants with respect to the newly
constructed building which has been constructed in the
building occupied by the petitioners, they shall be given the
priority.”
8.Notwithstanding the preferential allotment at the reconstructed
Mahatma Gandhi Market that is sought by the petitioners, it is evident that
the Supreme Court order only provided that if offers were invited for
allotment of such shops, the existing shop-owners or lessees of the
shop-rooms would have to be outbid in the sense that if the same price was
quoted for one shop-room and one of the quotations was from the existing
lessee, the existing lessee would get preference. The Supreme Court order
cannot be seen to imply that there would be any other form of preference
that the petitioners herein as the present lessees would be entitled to.
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W.P.(MD)No.19052 of 2021
9.Accordingly, W.P.(MD)No.19052 of 2021 is disposed of by
providing as follows:
(i) The existing shop-owners or lessees of shop-
rooms at the Mahatma Gandhi Market will be relocated to
the proposed alternative site within a period of six weeks
from date. In other words, possession of the alternative
space should be made over to the individual lessees within
a period of six weeks from date;
(ii) The temporary accommodation will be only till
the tenure of the respective leases in respect of the lessees.
That is to say, the temporary accommodation will be
coterminous with the expiry of the lease in respect of the
relevant shop-rooms at the Mahatma Gandhi Market. The
shop-owners or lessees of shop-rooms will have no right of
extension;
(iii) In respect of the reconstructed Mahatma Gandhi
Market, bids may be invited or some other form of scheme
may be devised for allocation of shop space thereat. In the
event bids are invited and the existing lessees bid amounts
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W.P.(MD)No.19052 of 2021
for individual shop-rooms, the existing lessees will have to
be outbid or, if they are not outbid, if two bidders bid the
same level and one of them is an existing lessee, the
existing lessee will get preference between the two.
10.It is recorded that it has been submitted on behalf of the
Tirunelveli Corporation that the reconstruction of the Mahatma Gandhi
Market is expected to be completed by the end of the year 2022.
There will be no order as to costs.
(S.B., CJ.) (M.D., J.)
26.10.2021
Index : Yes/No
Internet : Yes/No
MR/RM
Note: In view of the present lock
down owing to COVID-19 pandemic,
a web copy of the order may be
utilized for official purposes, but,
ensuring that the copy of the order
that is presented is the correct
copy, shall be the responsibility of
the advocate/litigant concerned.
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W.P.(MD)No.19052 of 2021
To
1.The Principal Secretary,
Government of Tamil Nadu,
Department of Municipal Administration and Water Supply,
Fort St.George,
Chennai.
2.The Commissioner,
Tirunelveli Corporation,
Tirunelveli District.
3.The Managing Director,
O/o.The Managing Director,
Tirunelveli Smart City Limited,
Corporation Building,
S.N.High Road,
Tirunelveli District.
4.The Director of Town and Country Planning,
Office of the Director of Town and Country Planning,
807, Anna Salai,
Chennai -02.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.19052 of 2021
THE HON'BLE CHIEF JUSTICE
and
M.DURAISWAMY, J.
MR/RM
ORDER MADE IN
W.P.(MD) No. 19052 of 2021
26.10.2021
https://www.mhc.tn.gov.in/judis/
