C.Balaji vs The Government Of Tamil Nadu
2021 Latest Caselaw 19430 Mad

                                                                           W.P. No. 7105 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. 7105 of 2016
                                                        and
                                              W.M.P. No. 6306 of 2016

                     C.Balaji                                           ... 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


                     1/5

https://www.mhc.tn.gov.in/judis/
                                                                                    W.P. No. 7105 of 2016



                     particularly the third respondent from initiating any eviction proceedings in
                     respect of premises bearing No.14, 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.14, 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 C.K.B. Retail Flower Shop at No.14, Badrian Street,

Flower Bazaar, George Town, Chennai for about six 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. 6475 of 2012 on the file of the learned V Assistant

https://www.mhc.tn.gov.in/judis/ W.P. No. 7105 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.

https://www.mhc.tn.gov.in/judis/ W.P. No. 7105 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 (1/4)

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.

https://www.mhc.tn.gov.in/judis/ W.P. No. 7105 of 2016

S.M.SUBRAMANIAM, J.

vji / nti

W.P. No. 7105 of 2016 and W.M.P. No. 6306 of 2016

22.09.2021 (1/4)

https://www.mhc.tn.gov.in/judis/