Madras High Court
R.Rajendran vs The Government Of Tamil Nadu on 22 September, 2021
W.P. No. 7108 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P. No. 7108 of 2016
and
W.M.P. No. 6309 of 2016
R.Rajendran ... Petitioner
-vs-
1. The Government of Tamil Nadu,
Represented by Secretary,
Housing and Urban Development,
Department, Fort St. George,
Chennai - 600 009.
2. The Member Secretary,
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road,
Egmore, Chennai 600 008.
3. The Chief Executive Officer i/c
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road,
Egmore, Chennai 600 008. ... Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of
India, to issue a writ of Mandmus, forbearing the respondents more
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W.P. No. 7108 of 2016
particularly the third respondent from initiating any eviction proceedings in
respect of premises bearing No.29, Badrian Street, Chennai - 600 001 under
the occupation of the petitioner till the disposal of suit.
For Petitioner : Mr.K.Shivakumar
For Respondents : Mr.K.M.D.Muhilan
Government Advocate for R1
Mr.P.S.Ganesh for R2 and R3
ORDER
The relief sought for in the present Writ Petition is to forbear the
respondents more particularly the third respondent from initiating any
eviction proceedings in respect of premises bearing No.29, Badrian Street,
Chennai under the occupation of the petitioner.
2. The petitioner states that he is doing Retail Flower Vending in the
name and style of B.F.M Retail Flower Shop at No.29, Badrian Street,
Flower Bazaar, George Town, Chennai for about fifteen years. In view of the
fact that the respondents initiated action for eviction on the ground that the
Flower Vending business has been shifted from George Town to
Koyambedu wherein the market place is constructed. The petitioner filed a
Civil Suit in O.S. No. 6412 of 2012 on the file of the learned V Assistant
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W.P. No. 7108 of 2016
Judge, City Civil Court, Madras for declaration and permanent injunction
against the second respondent / Chennai Metropolitan Development
Authority. When a suit is filed before the competent Civil Court of law, the
relief in the nature of injunction cannot be entertained in a writ proceedings
under Article 226 of the Constitution of India.
3. The issues raised in the Writ Petition are already decided by the
Hon'ble Full Bench of this Court in W.A. Nos. 2295 of 2018 etc., dated
19.01.2021. Based on the Judgment of the Hon'ble Full Bench in the case of
S.Sasikumar v. Government of Tamil Nadu, the competent authority is
bound to conduct an enquiry ascertaining the facts and accordingly, initiate
appropriate action in the manner known to law. Pursuant to the Judgment
of the Hon'ble Full Bench, the factual position is to be ascertained in respect
of the Flower Vending Business in Badrian Street, Flower Bazaar, George
Town, Chennai and accordingly the second respondent / Chennai
Metropolitan Development Authority is competent to initiate action under
the provisions of the statute and rules in force. The second respondent is
directed to complete the said exercise as expeditiously as possible.
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W.P. No. 7108 of 2016
4. With these directions, the Writ Petition stands disposed of.
However, there shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
22.09.2021
(4/4)
Index : Yes
Speaking Order : Yes
vji / nti
To
1. The Secretary,
Government of Tamil Nadu,
Housing and Urban Development,
Department, Fort St. George,
Chennai - 600 009.
2. The Member Secretary,
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road,
Egmore, Chennai - 600 008.
3. The Chief Executive Officer i/c,
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road,
Egmore, Chennai - 600 008.
http://www.judis.nic.in
W.P. No. 7108 of 2016
S.M.SUBRAMANIAM, J.
vji / nti
W.P. No. 7108 of 2016
and
W.M.P. No. 6309 of 2016
22.09.2021
(4/4)
http://www.judis.nic.in
