Madras High Court
M.Sheik Dawood vs The Commissioner on 31 March, 2022
W.P.Nos.19246, 16858, 17298 & 20471 of 2020 &
WMP.Nos.23834, 23836, 23837, 20910, 20912, 20914,
21397, 21398, 21402, 21403, 25245 & 25249 of 2020
and 2220, 2223 & 2377 of 2021 and 1057 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 31.03.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.Nos.19246, 16858, 17298 & 20471 of 2020 &
WMP.Nos.23834, 23836, 23837, 20910, 20912, 20914,
21397, 21398, 21402, 21403, 25245 & 25249 of 2020
and 2220, 2223 & 2377 of 2021 and 1057 of 2022
1.M.Sheik Dawood
2.Ganesh Raja ... Petitioners in W.P.No.19246 of 2020
1.K.S.Abdul Razack
2.K.A.Mohammed Faizal
3.K.S.Syed Mohammed ... Petitioners in W.P.No.17298 of 2020
1.K.Salman
2.K.M.Kaleelur Rahman
3.K.Nazier ... Petitioners in W.P.No.16858 of 2020
Stephen ... Petitioner in W.P.No.20471 of
2020
Vs
1.The Commissioner,
Coimbatore Municipal Corporation,
Coimbatore, Coimbatore District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.19246, 16858, 17298 & 20471 of 2020 &
WMP.Nos.23834, 23836, 23837, 20910, 20912, 20914,
21397, 21398, 21402, 21403, 25245 & 25249 of 2020
and 2220, 2223 & 2377 of 2021 and 1057 of 2022
2.The Assistant Commissioner,
Central Zone, Coimbatore Municipal Corporation,
Coimbatore, Coimbatore District.
3.The Procurator,
The Coimbatore Diocesse Society,
(The Roman Catholic Mission),
Bishop's House, P.B.No.6,
Door No.1276, Big Bazaar Street,
Coimbatore – 641 001.
... Respondents in W.P.Nos.19246, 16858 & 20471 of
2020
1.The Commissioner,
Corporation of Coimbatore ,
Coimbatore.
2.The Procurator,
The Coimbatore Diocesse Society,
(The Roman Catholic Mission),
Bishop's House, P.B.No.6,
Door No.1276, Big Bazaar Street,
Coimbatore – 641 001.
... Respondents in W.P.No.17298 of
2020
PRAYER in W.P.No.19246 of 2020: Writ Petition filed under Article 226 of
the Constitution of India praying to issue a Writ of Certiorari, calling for the
entire records relating to the ipugmed order passed by the 1st respondent in his
proceedings Na.Ka.No.7687/2018/MH5 dated 05/11/2020 (signed on
09/11/2020) and quash the same.
https://www.mhc.tn.gov.in/judis
W.P.Nos.19246, 16858, 17298 & 20471 of 2020 &
WMP.Nos.23834, 23836, 23837, 20910, 20912, 20914,
21397, 21398, 21402, 21403, 25245 & 25249 of 2020
and 2220, 2223 & 2377 of 2021 and 1057 of 2022
PRAYER in W.P.No.17298 of 2020: Writ Petition filed under Article 226 of
the Constitution of India praying to issue a Writ of Certiorari, calling for the
records relating to the impugned notice issued by the 1st respondent in
Na.Ka.No.7687/ 2018 / MH5 dated 5.11.2020 quash the same in so far as the
petitioners are concerned and consequently forbear the respondents from
interfering with the business activity of the petitioners in their respective shop
No.9 in No.1278, Shop No.10 in No.1277, Shop No.1 in No.1286, at the
premises of the 2nd respondent by considering the representations dated
11.11.2020.
PRAYER in W.P.No.16858 of 2020: Writ Petition filed under Article 226 of
the Constitution of India praying to issue a Writ of Certiorari, calling for the
entire records relating to the impugned order passed by the 1st respondnet in his
proceedings Na.Ka.No. 7687 / 2018 / MH5 dated 05.11.2020 (signed on
09.11.2020) and quash the same.
PRAYER in W.P.No.20471 of 2020: Writ Petition filed under Article 226 of
the Constitution of India praying to issue a Writ of Certiorari, calling for the
entire records relating to the impugned order passed by the 1 st respondent in his
proceedings Na.Ka.No.7687/2018/MH5, dated 21.11.2020 and quash the same.
(IN W.P.NOS.19246, 16858 & 20471 of 2020)
For Petitioners : Mr.C.Prakasam
For Respondents : Mr.S.Saravanan – R1 & R2
https://www.mhc.tn.gov.in/judis
Dr.Father Xavier Arulraj, Senior Counsel
W.P.Nos.19246, 16858, 17298 & 20471 of 2020 &
WMP.Nos.23834, 23836, 23837, 20910, 20912, 20914,
21397, 21398, 21402, 21403, 25245 & 25249 of 2020
and 2220, 2223 & 2377 of 2021 and 1057 of 2022
for Father Xavier Associates – R3
(IN W.P.NO.17298 of 2020)
For Petitioners : Mr.R.Prabakar
For Respondents : Mr.S.Saravanan – R1
Dr.Father Xavier Arulraj, Senior Counsel
for Father Xavier Associates – R2
ORDER
These Writ Petitions have been filed by the occupants of portions in a
property bearing Nos.1266, 1288, 1278, 1277, 1286, 1276, 1271, 1283, 1273,
1276 and 1269 in Big Bazaar Street, Coimbatore – 641 001 (premises/premises in
question).
2. In common, the Writ Petitioners have challenged notices issued by the
first respondent, i.e., the Commissioner, Corporation of Coimbatore which they say
is at the instance of the Coimbatore Diocese Society (The Roman Catholic
Mission) (in short 'Diocese Society').
3. The petitioners are all tenants of the Diocese Society and are carrying on
business in various portions in the shopping complex. According to them, there
were measures to evict them from occupation and as the Diocese Society has been
unable to succeed therein, they have prevailed upon the Corporation to issue the
https://www.mhc.tn.gov.in/judis
W.P.Nos.19246, 16858, 17298 & 20471 of 2020 &
WMP.Nos.23834, 23836, 23837, 20910, 20912, 20914,
21397, 21398, 21402, 21403, 25245 & 25249 of 2020
and 2220, 2223 & 2377 of 2021 and 1057 of 2022
impugned notices on the misconceived and erroneous ground that the building is
itself unstable, dilapidated and structurally unfit.
4. It is hence that the impugned notices dated 05.11.2020 and 21.11.2020
have come to be issued by R1 to the effect that the building in question is proposed
to be demolished on 28.10.2020 for the reason that it is unfit for occupation. The
notices are addressed to nine of the occupants calling upon them to vacate the
premises immediately.
5. Learned Senior Counsel for learned counsel for the Diocese Society
would submit that out of a total of 40 shops, 23 portions have been vacated and
only 17 remain occupied as on date. The impugned notices have been issued only
to 10 noticees including one as against which an endorsement has been made
stating ‘closed’. Thus, it is unclear as to whether only the 9 noticees continue in
occupation of the premises or whether there are other occupants as well to whom
such notices have not been issued. No clarity is forthcoming on this point.
6. When the matter had come up for admission, the petitioners were granted
interim protection by staying the impugned notices. Today, after 1 ½ years from
the issuance of impugned notices, this Court has to take note of the balance of
convenience in the matter. If the notices issued by the Corporation are genuine and
well-founded and after a proper inspection and assessment of the building, then it is
certainly not in public interest to allow the building to stand.
https://www.mhc.tn.gov.in/judis
W.P.Nos.19246, 16858, 17298 & 20471 of 2020 &
WMP.Nos.23834, 23836, 23837, 20910, 20912, 20914,
21397, 21398, 21402, 21403, 25245 & 25249 of 2020
and 2220, 2223 & 2377 of 2021 and 1057 of 2022
7. Then again, the same cause of action as pursued in these writ petitions has
been raised before the Civil Courts as well in Suits filed by the Diocese seeking
eviction of the tenants. These Civil Suits are pending before various Courts as
follows:
S.No. Suit No. Name of the defendants Court
1 406 of 2018 Sheik Dawood V ADM
2 407 of 2018 Stephen PDM
3 699 of 2019 Muralidharan Babu V ADM
4 412 of 2018 Ramasamy V ADM
5 406 of 2018 Mohammed Ismail V ADM
6 902 of 2018 P.Hariharan III ADM
7 913 of 2018 P.P.Rajendran II ADM
8 915 of 2018 Ganesh Raj IV ADM
9 1063 of 2020 Jayanthi and 11 others II ASJ
8. The third petitioner in W.P.No.17298 of 2020 has, in fact, obtained a
judgment in his favour in O.S.No.910 of 2018 on 02.03.2020, as against which the
Diocese is in appeal in A.S.No.51 of 2021, pending before 4th Additional Sessions
Judge, Coimbatore. The petitioners have also made a representation before the
Principal Sessions Judge on 10.03.2020 seeking consolidation of all the Civil Suits
pending before various Courts and expeditious hearing and disposal of the matters,
seeing as one of the buildings abutting the shopping complex is a school and thus
the interests of children are also involved apart from the visitors to the complex.
https://www.mhc.tn.gov.in/judis
W.P.Nos.19246, 16858, 17298 & 20471 of 2020 &
WMP.Nos.23834, 23836, 23837, 20910, 20912, 20914,
21397, 21398, 21402, 21403, 25245 & 25249 of 2020
and 2220, 2223 & 2377 of 2021 and 1057 of 2022
9. Thus, and in my anxiety to achieve a balance between the interests of the
parties, a direction is issued to the Principal Sessions Judge, Coimbatore, that shall
be communicated by the office of R1 through Mr.S.Saravanan, learned counsel for
the Corporation of Coimbatore, to consolidate all the matters detailed above, assign
the matters for hearing before a Judge for disposal together, such that they are
heard and disposed within a period of three (3) months from today.
10. The interim protection already granted will continue for a period of 90
days from today or till the disposal of the Suits, whichever is earlier.
11. Learned counsel for the Diocese Society also makes reference to a
Commissioner’s report which is detailed in regard to his assessment of the shops.
His concluding opinion is to the effect that the structure in question is unfit. While
deciding the case, the report of the Commissioner shall be taken into account by the
learned Judge and appropriate orders passed.
12.With the aforesaid directions, these Writ Petitions stand disposed. No
costs. Connected Miscellaneous Petitions are closed.
sl 31.03.2022
Index : Yes / No
Speaking Order / Non Speaking Order
https://www.mhc.tn.gov.in/judis
W.P.Nos.19246, 16858, 17298 & 20471 of 2020 &
WMP.Nos.23834, 23836, 23837, 20910, 20912, 20914,
21397, 21398, 21402, 21403, 25245 & 25249 of 2020
and 2220, 2223 & 2377 of 2021 and 1057 of 2022
DR.ANITA SUMANTH, J.
sl
To
1.The Commissioner,
Coimbatore Municipal Corporation,
Coimbatore, Coimbatore District.
2.The Assistant Commissioner,
Central Zone, Coimbatore Municipal Corporation,
Coimbatore, Coimbatore District.
W.P.Nos.19246, 16858, 17298 & 20471
of 2020 & WMP.Nos.23834, 23836,
23837, 20910, 20912, 20914, 21397,
21398, 21402, 21403, 25245 & 25249
of 2020 and 2220, 2223 & 2377 of 2021
and 1057 of 2022
https://www.mhc.tn.gov.in/judis
W.P.Nos.19246, 16858, 17298 & 20471 of 2020 &
WMP.Nos.23834, 23836, 23837, 20910, 20912, 20914,
21397, 21398, 21402, 21403, 25245 & 25249 of 2020
and 2220, 2223 & 2377 of 2021 and 1057 of 2022
31.03.2022
https://www.mhc.tn.gov.in/judis
