Madras High Court
G.Murali vs A.Lackendran on 25 February, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2025:MHC:527
W.A.No.2830 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2025
CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.A.No.2830 of 2024
G.Murali .. Appellant
v.
1. A.Lackendran
2. The Chief Administrative Officer
Market Management Committee
Koyambedu Wholesale Market Committee
Koyambedu, Chennai 600 092 .. Respondents
Memorandum of Grounds of Writ Appeal filed under Clause 15 of the
Letters Patent against the order dated 12.09.2022 passed in W.P.No.13176
of 2018.
For Appellant :: Mr.M.Sriram
For Respondents :: Mr.M.Rajasekhar for R1
Mrs.P.Veena for R2
____________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.No.2830 of 2024
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM,J.)
The writ appeal on hand has been instituted challenging the writ order
dated 12.09.2022 passed in W.P.No.13176 of 2018.
2. The first respondent in the present writ appeal instituted writ
proceedings to forbear the second respondent from taking any coercive
steps like evicting or restraining the first respondent from doing his
wholesale business in the Shop No.K-106 in Periyar Vegetable Market
Complex in Koyambedu, Chennai, in pursuance to the notice issued by the
second respondent vide letter dated May, 2018. The first respondent filed
the writ petition as if projecting that the second respondent-Market
Management Committee had leased out the premises in his favour. The fact
stands otherwise.
3. It is brought to the notice of this Court that the father of the writ
appellant-Mr.G.Murali was the original allottee, who paid the entire cost of
____________
https://www.mhc.tn.gov.in/judis
the shop. The allotment was made in the year 1998. The father of the
appellant died on 12.02.2015. Thereafter, the appellant became the owner,
since he is the legal heir of the original allottee.
4. The learned counsel Mr.M.Sriram appearing on behalf of the
appellant would mainly contend that no valid lease exists between the
appellant and the first respondent. In the absence of any lease, the first
respondent has no locus to occupy the subject premises. For evicting the
first respondent, rent control proceedings have already been initiated and
pending before the competent Court. The first respondent, without even
impleading the appellant, who is the owner of the shop, filed the writ
petition and obtained the impugned order behind the back of the appellant
and therefore the present writ appeal came to be instituted by securing leave
from this Court.
5. The impugned writ order reveals that the issues are not adjudicated
on merits. Since the second respondent has not filed any counter, the writ
petition was allowed. There is no adjudication of facts nor the issues are
____________
https://www.mhc.tn.gov.in/judis
considered on merits. However, the relief granted by the writ Court certainly
would cause prejudice to the interest of the appellant, who is the owner of
the said shop. The learned counsel for first respondent would submit that
the writ petition was filed only to secure licence from the second respondent
to run the business. Even for obtaining licence from the Market
Management Committee, the applicant should establish valid lease and in
the absence of any right, no licence can be granted to run the shop in
Koyambedu market. Admittedly, the lease was not renewed by the father of
the appellant and after his demise, the appellant has not executed any lease
deed in favour of the first respondent. That being so, the first respondent has
no legal right to occupy the premises nor file an application seeking licence
in the absence of any valid lease. In view of the above facts and
circumstances, this Court finds that the writ order impugned is infirm and
cannot be sustained. Consequently, the writ order dated 12.09.2022 passed
in W.P.No.13176 of 2018 is set aside and the writ appeal stands allowed.
No costs.
Index : yes (S.M.S.,J.) (K.R.S.,J.)
Neutral citation : yes 25.02.2025
____________
https://www.mhc.tn.gov.in/judis
ss
To
1. The Chief Administrative Officer
Market Management Committee
Koyambedu Wholesale Market Committee
Koyambedu, Chennai 600 092
____________
https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM,J.
AND
K.RAJASEKAR,J.
ss
25.02.2025
____________
https://www.mhc.tn.gov.in/judis
