Madras High Court
M.Sheeba vs The Secretary To Government on 25 March, 2022
W.A.No. 66 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.3.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.66 of 2022
and C.M.P.No.640 of 2022
M.Sheeba .. Appellant
vs
1.The Secretary to Government
Rep.by its Principal Secretary
Social Welfare and Nutrition Meal
Department, Secretariat
Chennai 600 094.
2.The District Collector
Office of the District Collector
Chennai District
Chennai.
3.The District Social Welfare Officer
Singaravelar Maaligai
8th Floor, Collectorate Complex
Rajaji Salai, Chennai 600 001.
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W.A.No. 66 of 2022
4. The Revenue Divisional Officer
Office of the Revenue Divisional Officer
South Chennai Circle, Guindy
Chennai 600 032.
5.The Tahsildar
Office of the Tahsildar
Velachery.
6.The Inspector of Police
J-7 Velachery Police Station
Velachery, Chennai.
7.Sekar
8.Kala Sekar .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the
order dated 22.10.2021 in W.P.No.19314 of 2021.
For Appellant : Mr.S.Sabarish
For Respondents : Mrs.Anitha
Special Government Pleader
for R1 to R6
Mr.Adeesh Anto
for M/s.Meghna Kumar
for R7 & R8
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W.A.No. 66 of 2022
JUDGMENT
(Judgment of the Court was delivered by
the Hon'ble Chief Justice)
By this Writ Appeal, challenge is made to the judgment dated
22.10.2021 when a writ petition was disposed of with a direction to
the petitioner/appellant to vacate the premises within a period of
two months. An undertaking to that effect was given by the
appellant and agreed by the respondents 7 and 8 in the writ
petition.
2. Learned counsel for the appellant submits that the
undertaking was not given to vacate the premises, but to stop the
Working Women's Hostel business in the premises in question. It
was in the background that licence to run the Working Women's
Hostel was not extended or cancelled by the competent authorities,
the petitioner/appellant was not in a position to run the Hostel.
Though the writ petition was filed challenging the lock and seal
order passed by the second respondent therein, since the petitioner
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W.A.No. 66 of 2022
was not carrying the licence to run the business of Working
Women's Hostel, an undertaking was furnished to close the business
within a period of two months, without any statement to the effect
to vacate the premises and accordingly, the order passed by the
learned Single Judge goes beyond the undertaking.
3. An interim order was passed in this Writ Appeal by the
Coordinate Division Bench of this Court recording the aforesaid facts
and accordingly that portion of the order of the learned Single Judge
directing the appellant to hand over the possession of the premises
was stayed.
4. Learned counsel for the non-appellants viz., respondents 7
and 8 has made a serious contest to the appeal and submitted that
during the course of arguments it was agreed by the
petitioner/appellant to vacate the premises and accordingly
undertaking was given initially to close the business, but taking note
of the agreement between the parties and the counsel, the learned
Single Judge rightly issued a direction to the appellant to vacate the
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W.A.No. 66 of 2022
premises within a period of two months. Hence, the learned
counsel for the non-appellants prays not to cause interference with
the order of the learned Single Judge.
5. We have considered the rival submissions made by the
learned counsel for the parties and perused the materials placed on
record.
6. The facts show that a writ petition was filed by the
appellant to allow her to continue to run the Working Women's
Hostel. After the hearing, when the respondent authorities were not
inclined to allow the petitioner to do the business of Working
Women's Hostel, an undertaking was given by the
petitioner/appellant to stop the business within a period of two
months. The aforesaid undertaking has been quoted by the learned
Single Judge in Para 6 of the order, but, going contrary to the
undertaking regarding stoppage of business, the learned Single
Judge has given a direction to the petitioner/appellant to vacate the
premises within a period of two months. An interim order was
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W.A.No. 66 of 2022
accordingly passed by the Coordinate Division Bench realizing the
aforesaid issue.
7. We have gone through the undertaking and the material on
records and find that there was no undertaking to vacate the
premises within a period of two months as given by the learned
Single Judge. The undertaking was only to the effect of closure /
winding up of the business of Working Women's Hostel. In view of
the above, the direction of the learned Single Judge is going beyond
the undertaking quoted in the order itself.
8. Accordingly, we cause interference of the order of the
learned Single Judge and substitute the same to the effect that the
appellant would not run the business of Working Women's Hostel
pursuant to the undertaking. As the two months period has already
expired and the appellant has closed the business, the direction to
vacate the premises within two months given by the learned Single
Judge is interfered and the order of the learned Single Judge is set
aside.
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W.A.No. 66 of 2022
9. With the aforesaid direction, this Writ Appeal is disposed of.
No costs. Consequently, connected C.M.P.No.640 of 2022 is closed.
(M.N.B., CJ.) (D.B.C.J.)
25.3.2022
Index : Yes/No
Internet : Yes/No
KST
To:
1.The Secretary to Government
Rep.by its Principal Secretary
Social Welfare and Nutrition Meal
Department, Secretariat, Chennai 600 094.
2.The District Collector,Office of the District Collector
Chennai District, Chennai.
3.The District Social Welfare Officer
Singaravelar Maaligai, 8th Floor, Collectorate Complex
Rajaji Salai, Chennai 600 001.
4. The Revenue Divisional Officer
Office of the Revenue Divisional Officer
South Chennai Circle, Guindy, Chennai 600 032.
5.The Tahsildar
Office of the Tahsildar
Velachery.
6.The Inspector of Police
J-7 Velachery Police Station
Velachery, Chennai.
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W.A.No. 66 of 2022
M.N.BHANDARI, CJ
AND
D.BHARATHA CHAKRAVARTHY,J
KST
W.A.No.66 of 2022
25.03.2022
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