Madras High Court
Mr.N.Raja Mohammed vs The Chief Administrate ... on 16 June, 2023
W.P.No.17879 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2023
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.17879 of 2023
and WMP No.17003 of 2023
Mr.N.Raja Mohammed
S/o.Mr.Nainar Mohammed
Proprietor
M/s.HNR Fruits Company
No. T/A-1 Anna Fruit market
Koyambedu, Chennai - 600 107. ... Petitioner
.Vs.
1.The Chief Administrate Officer/DRO
Market Management Committee
C.M.D.A., Koyambedu Wholesale Market
Koyambedu, Chennai-600107.
2.Mr.M.Gowri Shankar
S/o.Mr.Munusamy
Proprietor, M/s.Mr & Sons
D-95, Periyar Market, Koyambedu
Chennai-600 107. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the
issuance of a Writ of Mandamus, directing directing the 1st respondent to consider the
representation dated 09.06.2023 made by the petitioner to the 1st respondent and de-seal
the shop situated at T/A-, Anna Fruit Market, Koyambedu, Chennai - 600 107 and permit the
petitioner to carry on the fruit vending business in the said premises.
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.No.17879 of 2023
For Petitioners Mr.T.Thiageswaran
For Respondents Mr.C.N.Vinobha
Standing Counsel
for R1
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the 1 st
respondent to consider the representation made by the petitioner on 09.06.2023, wherein
the petitioner has requested the 1st respondent to de-seal the Shop and to permit the
petitioner to run the business.
2.Heard Mr.T.Thiageswaran, learned counsel for the petitioner and Mrs.C.N.Vinobha,
learned Standing Counsel appearing on behalf of the 1st respondent.
3.On going through the records, it is seen that there is a private dispute between the
petitioner and the 2nd respondent. The license was granted by the 1st respondent in favour of
the 2nd respondent and thereafter the 2nd respondent permitted the petitioner to run the
business in the Shop at Koyambedu, Chennai. When an attempt was made by the 2nd
respondent to interfere with the business, the petitioner also filed a suit in OS.No.7291 of
2019, before the XI Assistant City Civil Court, Chennai, claiming for the relief of permanent
injunction. The suit was decreed in favour of the petitioner through judgment and decree
dated 04.07.2022.
https://www.mhc.tn.gov.in/judis
W.P.No.17879 of 2023
4.The grievance of the petitioner is that the decree passed by the Civil Court has
become final and the petitioner is also depositing the monthly rent in the Court since the 2 nd
respondent is refusing to receive the same in IA.No.4 of 2021 through order dated
04.01.2021 and inspite of the same, the 2nd respondent had instigated a third party to create
law and order problem and based on the same, a complaint came to be given before the
Koyambedu Police Station. Immediately, the complaint was brought to the notice of the 1st
respondent and the 1st respondent took steps to seal the shop and the shop was accordingly
sealed on 04.06.2023.
5.The petitioner made a representation to the 1st respondent explaining all the above
facts on 09.06.2023. Since the same did not evoke any response, the present writ petition
has been filed before this Court seeking for appropriate directions.
6.Taking into consideration the facts and circumstances of the case and the limited
relief sought for in this writ petition and without going into the merits, there shall be a
direction to the 1st respondent to deal with the representation made by the petitioner on
09.06.023 and take a decision on its own merits and in accordance with law, within a period
of two weeks from the date of receipt of copy of this order. The petitioner is directed to
make a fresh representation to the 1st respondent along with all the relevant documents and
also a copy of this order.
https://www.mhc.tn.gov.in/judis
W.P.No.17879 of 2023
7.This writ petition is disposed of with the above directions. No costs. Consequently,
connected miscellaneous petition is closed.
16.06.2023
KP
Internet : Yes/No
Index : Yes/No
Neutral Citation :Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.17879 of 2023
To
The Chief Administrate Officer/DRO
Market Management Committee
C.M.D.A., Koyambedu Wholesale Market
Koyambedu, Chennai-600107.
https://www.mhc.tn.gov.in/judis
W.P.No.17879 of 2023
N.ANAND VENKATESH, J.
KP
W.P.No.17879 of 2023
16.06.2023
https://www.mhc.tn.gov.in/judis
