Madras High Court
K.Palanichamy vs The Director on 29 April, 2024
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.A(MD)No.850 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.04.2024
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A(MD)No.850 of 2024
and
CMP(MD)Nos.6340 and 6341 of 2024
K.Palanichamy ... Appellant
vs.
1.The Director,
O/o. Directorate of Town Panchayat,
No.7th and 8th Floor,
Urban Administrative Office Campus,
Chennai-600 028.
2.The District Collector,
Dindigul District,
Dindigul.
3.The Assistant Director,
O/o. Assistant Directorate of Town Panchayat,
Dindigul District.
4.The Executive Officer,
Palayam Town Panchayat,
Dindigul District. ... Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent, against the
order dated 02.04.2024 made in W.P(MD)No.8353 of 2024.
https://www.mhc.tn.gov.in/judis
Page No.1 of 6
W.A(MD)No.850 of 2024
For Appellant : Mr.S.Doraisamy
For Respondents : Mr.S.Shaji Bino, Special Government Pleader
JUDGMENT
(Judgment of the Court was made by R.SURESH KUMAR, J.)
This writ appeal has been directed against the order passed by the
Writ Court dated 02.04.2024 made in W.P(MD)No.8353 of 2024.
2. The auction conducted on 15.03.2024 by the respondent Town
Panchayat, for giving licence to some shop holders, had been questioned before
the Writ Court, which was negated by the Writ Court, by the order impugned.
3. As against which, though this writ appeal has been directed and
Mr.S.Doraisamy, learned counsel appearing for the appellant has raised two
grounds, one is that, the Tamil Nadu Urban Local Bodies Act, 1998, will not
have an application on the Town Panchayat and second reason is that, since a
resolution has already been passed by the respondent Town Panchayat to put
off the auction proposed to be conducted on 15.03.2024, in case, the Election
Code of Conduct is implemented prior to that, these two grounds could not be
sustained, for the simple reason that, the Tamil Nadu Urban Local Bodies Act,
https://www.mhc.tn.gov.in/judis
1998, certainly would be made applicable to the Town Panchayat also, in view
of Section 2(45) as well as Section 4(1) of the said Act.
5. The second ground also is not justifiable, because, the Election
Code of Conduct has come into effect from 16.03.2024, before which, since the
auction was conducted, it would not have affected the auction. Therefore, these
two grounds though unsuccessfully raised by the learned counsel appearing for
the appellant, ultimately, the learned counsel has requested that, since the
appellant is an existing licencee, if third party right is created, he has to vacate
the shop in question and to hand over the vacant possession to the Town
Panchayat, for which, he requires a breathing time of 15 days.
6. Mr.S.Shaji Bino, learned Special Government Pleader who takes
notice for the respondents, has been heard.
7. In view of the said submission made by the learned counsel
appearing for the appellant, the order passed by the Writ Court, which is
impugned herein, cannot be assailed successfully. Therefore, it is to be
sustained. Accordingly, the writ appeal has to fail. However, the dismissal
would not preclude the appellant from taking 15 days time from today to vacate
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the shop in question and to hand over the vacant possession to the respondent
Town Panchayat. Only after 15 days, if still the appellant continues to be in
possession or occupation without vacating the shop, any coercive action can be
taken by the Executive Officer of the Town Panchayat concerned in the manner
known to law.
8. With these observations, the Writ Appeal is dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
(R.S.K., J.) (G.A.M., J.)
29.04.2024
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1.The Director,
O/o. Directorate of Town Panchayat,
No.7th and 8th Floor,
Urban Administrative Office Campus,
Chennai-600 028.
2.The District Collector,
Dindigul District,
Dindigul.
https://www.mhc.tn.gov.in/judis
3.The Assistant Director,
O/o. Assistant Directorate of Town Panchayat,
Dindigul District.
4.The Executive Officer,
Palayam Town Panchayat,
Dindigul District.
https://www.mhc.tn.gov.in/judis
R.SURESH KUMAR, J.
and
G.ARUL MURUGAN, J.
bala
29.04.2024
https://www.mhc.tn.gov.in/judis
