Madras High Court
N.Stephen vs The Member Secretary (District ... on 29 March, 2022
W.P.(MD)No.5531 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.5531 of 2022
N.Stephen ... Petitioner
/Vs./
1.The Member Secretary (District Collector),
The Nagercoil Local Planning Authority,
Collectorate, Nagercoil, Kanyakumari District.
2.The Commissioner,
Nagercoil Corporation, Nagercoil. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondents to
permit the petitioner to remove the petitioner's goods / materials from
petitioner's rental shop in Door Nos.3 & 4, Ground Floor under the name
of “Allan Times & Gifts” and another shop in Door No.1, North East
Corner portion of first floor under the name of “Allan Gifts” situate in
D.D.J. Centre, Opp. To Vadasery Bus Stand, Nagercoil based on the
petitioner's representation dated 03.03.2022.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5531 of 2022
For Petitioner : Mr.D.Venkatachalam
For R1 : Mr.D.Sasikumar,
Additional Government Pleader.
For R2 : Mr.P.Athimoolapandian,
Standing Counsel.
ORDER
This writ petition has been filed for a Mandamus seeking for a
direction to the respondents to permit the petitioner to remove his goods /
materials from his rental shop in Door Nos.3 & 4, Ground Floor under
the name of “Allan Times & Gifts” and another shop in Door No.1, North
East Corner portion of first floor under the name of “Allan Gifts” situated
in D.D.J. Centre, Opp. To Vadasery Bus Stand, Nagercoil, based on the
petitioner's representation dated 03.03.2022, within a time frame to be
fixed by this Court.
2.The case of the petitioner is that he was a tenant in respect of the
aforementioned shops. According to him, due to unauthorized
construction put up by his landlord, the said premises came to be sealed
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5531 of 2022
by the first respondent and his articles are still lying in the
aforementioned shops. He seeks for removal of the said articles and
therefore, he has given a representation on 03.03.2022 to the respondents
for the said purpose. Since the said representation has not been
considered till date, the petitioner has filed this writ petition.
3.Heard Mr.D.Venkatachalam, learned Counsel for the writ
petitioner, Mr.D.Sasikumar, learned Additional Government Pleader.,
who accepts notice on behalf of the first respondent and
Mr.P.Athimoolapandian, learned Standing Counsel, who accepts notice
on behalf of the second respondent.
4.The learned counsel appearing for the petitioner drew the
attention of this Court to the Division Bench Judgment of this Court
dated 18.01.2021 in WP(MD)No.6084 of 2020 in similar circumstances
and would submit that no prejudice would be caused to the respondents,
if the articles belonging to the petitioner lying in the aforementioned two
shops are permitted to be removed by the petitioner. It is for the
respondents to consider the request of the petitioner.
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W.P.(MD)No.5531 of 2022
5.In the light of the aforementioned Judgment of the Division
Bench of this Court, the petitioner has given a representation on
03.03.2022 requesting the respondents to permit him to remove the
articles lying in the aforementioned shops. The aforementioned shops
are now under the lock and seal of the respondents, due to unauthorized
construction put up by the petitioner's landlord. The petitioner has also
filed a copy of the lease deed to show that he was a tenant under the
landlord in respect of the aforementioned two shops.
6.For the foregoing reasons, this Court directs the first respondent
to consider the representation of the petitioner dated 03.03.2022
requesting permission to remove his goods/materials from his rental shop
in Door Nos.3 & 4, Ground Floor under the name of “Allan Times &
Gifts” and another shop in Door No.1, North East Corner portion of first
floor under the name of “Allan Gifts” situated in D.D.J. Centre, Opp. To
Vadasery Bus Stand, Nagercoil, and pass final orders on merits and in
accordance with law, after affording a fair hearing to the petitioner,
within a period of eight [8] weeks from the date of receipt of a copy of
this order.
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W.P.(MD)No.5531 of 2022
7.With the above direction, this Writ Petition stands disposed of.
There shall be no order as to costs.
29.03.2022
Index : Yes / No
Internet : Yes / No
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To
The Member Secretary (District Collector),
The Nagercoil Local Planning Authority,
Collectorate, Nagercoil, Kanyakumari District.
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5531 of 2022
sm
order made in
W.P.(MD)No.5531 of 2022
Dated:
29.03.2022
https://www.mhc.tn.gov.in/judis
