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Madras High Court · body

2017 DAILYLAW 4444 (MAD)

V.L. Vasu v. The Secretary to Government

WP/34169/2017 · 2026-06-11

M Dhandapani

Transfer Petitionbody2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP.No.34169 of 2017 __________ Page1 of 11 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-06-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP NO. 34169 OF 2017 and WMP.Nos.37955 & 37956 of 2017 1. V.L. Vasu S/o. Lakshmanan, Shop No.37, Old Market Shops, Arni 632 301, Thiruvannamalai District. 2. M. Arjunan S/o. Maduraiveeran, Shop No.5, Vandimedu, Arni 632 301, Thiruvannamalai District 3. D. Kubendiran S/o. M.R. Dasaradhan, Shop. No.164, New Market , Arni 632 301, Thiruvannamalai District 4. G. Ananda Rao S/o. Govinda Rao, Shop. No.163, New Market, Arni 632 301, Thiruvannamalai District 5. P.T.S.Sambantham S/o. Subramani, Shop. No.179, New Market , Arni 632 301, Thiruvannamalai District 6. Ragamath Bee W/o. Piyarijan, Shop. No.177, New Market , Arni 632 301, Thiruvannamalai District https://www.mhc.tn.gov.in/judis WP.No.34169 of 2017 __________ Page2 of 11 7. P. Venkatesan S/o. Perumal, Shop. No.38, Old Market , 1st Floor, Arni 632 301, Thiruvannamalai District 8. M.A. Rajendiran S/o. Aiyyakannu, Shop No.20, Old Market Building, Arni 632 301, Thiruvannamalai District 9. S. Govindasamy S/o. Late. Subramani, Shop. No.13, Old Market , 1st Floor, Arni 632 301, Thiruvannamalai District 10.R. Elumalai S/o. Ramalingam, Shop. No.40, Old Market, Arni 632 301, Thiruvannamalai District 11.A.S. Velu S/o. Subramania Naicker, Shop. No.178, New Market , Arni 632 301, Thiruvannamalai District 12.N.Kumar S/o.Natarajan, Shop. No.187, New Market , Arni 632 301, Thiruvannamalai District 13.S. Raji S/o. Sekar, Shop. No.15, New Market , Arni 632 301, Thiruvannamalai District https://www.mhc.tn.gov.in/judis WP.No.34169 of 2017 __________ Page3 of 11 14.A.K.E.Annamalai S/o. Ekambaram, Shop. No.30, Old Market , 1st Floor, Arni 632 301, Thiruvannamalai District 15.Samuvel S/o. Subramani, Shop. No.39, O ld Market Building, Arni 632 301, Thiruvannamalai District 16.G. Dhamodaran S/o. Govindasamy, Shop. No.136, New Market , Arni 632 301, Thiruvannamalai District 17.A. Ameedu S/o. Hakeem Saibu, Shop. No.35, Old Market , Arni 632 301, Thiruvannamalai District 18.V. Rajasekaran S/o. Varadharaj, Shop. No.33, Old Market Building, Arni 632 301, Thiruvannamalai District 19.R. Saravanan S/o. Ramalingam, Shop. No.42, Old Market Building, Arni 632 301, Thiruvannamalai District 20.M.Meera W/o.Mohanraj, Shop NO.44, Old Market Building, Arni 632 301 21.M.K.Ramalingam S/o.Kandasamy, https://www.mhc.tn.gov.in/judis WP.No.34169 of 2017 __________ Page4 of 11 Shop NO.41, Old Market Building, Arni 632 301 22.S.Madhan, S/o.sukumar Shop No.18, Anna Statue, Back side upstair, Arni 632 301, Thiruvannamalai District 23.G.Kumar S/o.Govindasamy, Shop No.189, New Market, Arni 632 301, Thiruvannamalai District 24.G.Seshachalam S/o.Govindasamy, Shop No.11, Old Market Building, Arni 632 301, Thiruvannamalai District 25.G.Seshachalam S/o.Govindasamy, Shop No.34, Old Market Building, Arni 632 301, Thiruvannamalai District 26.G.Seshachalam S/o.Govindasamy, Shop No.12, Old Market Building, Arni 632 301, Thiruvannamalai District 27.G.Selvaraj S/o.Govindasamy, Shop No.188, New Market, Arni 632 301, Thiruvannamalai District 28.A.Sugumar S/o.Annamalai, Shop No.21, Anna Statue, Backside upstair, Arni 632 301, Thiruvannamalai District 29.A.Sugumar S/o.Annamalai, Shop No.22, Anna Statue, backside upstair, Arni 632 301, Thiruvannamalai District https://www.mhc.tn.gov.in/judis WP.No.34169 of 2017 __________ Page5 of 11 30.M.Ramanathan S/o.Munusamy, Shop No.139, New Market, Arni 632 301, Thiruvannamalai District 31.D.Sankar S/o.Duraisamy, Shop No.12, Old Market Melmadi, Arni 632 301, Thiruvannamalai District 32.A.K.Ravichandran S/o.Karunakaran, Shop No.2, Maternity Centre, 45, Parasuraman Street, Arni 632 301, Thiruvannamalai District ..Petitioner(s) Vs 1. The Secretary to Government Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009 2. The Director of Municipal Administration, Municipal Administration Department, Ezhilagam, Chepauk, Chennai-5 3. The Regional Director of Municipal Administration, Sarathi Nagar, Kakithaipattarai, Vellore -12 https://www.mhc.tn.gov.in/judis WP.No.34169 of 2017 __________ Page6 of 11 4. The District Collector Tiruvannamalai District, Tiruvannamalai 5. The Commissioner Arani Municipality, Arni, Tiruvannamalai District ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned Final Notice dated 7.12.2017 issued by the 5th respondent in respect of the petitioners shops situate shop Numbers viz., at Shop No.37, Old Market Building back side, No.5, Vandimedu, No.164, New Market, No.163, New Market, No.179, New Market, No.177, New Market, No.38, Old Market 1st Floor, No.20, Old Market Building NO.13, Old Market First Floor, NO.40, Old Market, NO.178, New Market, No.187, New Market, No.15, New Market, No.30, Old Market 1st Floor, No.39, Old Market Building, No.136, New Market No.35, Old Market Building, NO.33, Old Market Building, NO.42, Old Market Building, NO.44, Old Market Building NO.41, Old Market Building NO.18, Anna Statue. For Petitioner(s): Mr.S.L.Venkatesan For Respondent(s): Dr.T.Seenivasan for R1 to R5 https://www.mhc.tn.gov.in/judis WP.No.34169 of 2017 __________ Page7 of 11 ORDER Challenging the impugned Final Notice dated 07.12.2017 issued by the fifth respondent in respect of the petitioners’ shops situated in Shop Numbers viz., at Shop No.37, Old Market Building back side, No.5, Vandimedu, No.164, New Market, No.163, New Market, No.179, New Market, No.177, New Market, No.38, Old Market 1st Floor, No.20, Old Market Building NO.13, Old Market First Floor, NO.40, Old Market, NO.178, New Market, No.187, New Market, No.15, New Market, No.30, Old Market 1st Floor, No.39, Old Market Building, No.136, New Market No.35, Old Market Building, NO.33, Old Market Building, NO.42, Old Market Building, NO.44, Old Market Building NO.41, Old Market Building NO.18, Anna Statue, the present Writ Petition has been filed. 2. Heard the learned counsel appearing on either side and also perused the materials available on record. 3. In view of the order proposes to be passed in this Writ Petition, WMP.No.37955 of 2017 filed by the petitioners to permit them to file a single Writ Petition is allowed subject to payment of single Court fee. https://www.mhc.tn.gov.in/judis WP.No.34169 of 2017 __________ Page8 of 11 4. The learned counsel for the petitioners submitted that this Writ Petition was filed by 32 persons challenging the impugned notice issued by the fifth respondent dated 07.12.2017, however the same was dismissed for default by this Court on 17.12.2024. He further submitted that out of 32 persons, 28 persons vacated the respective subject shops and handed over them to the respondents except four shops which belongs to the two petitioners herein namely, G.Seshachalam pertaining to Shop Nos.11, 12, 34 and A.K.Ravichandran pertaining to Shop No.2. It is submitted by the learned counsel that he has not received any information from their clients namely, G.Seshachalam and A.K.Ravichandran in regard to their dues as stated by the respondent/ Arni Municipality and thus, he prayed for appropriate orders. 5. Per contra, the learned counsel for the respondents submitted that the petitioners namely, G.Seshachalam and A.K.Ravichandran had to pay a sum of Rs.3,59,602/- [01/2022 to 03/2026], Rs.5,81,664/- [11/2017 to 03/2026], Rs.5,46,212/- [04/2017 to 03/2023] and Rs.3,47,844/- [04/2022 to 03/2026] in respect of Shop Nos.11, 12, 34 & 2 respectively. 6. It is seen from the details produced by the learned counsel for the respondents that the petitioners namely, G.Seshachalam and A.K.Ravichandran have to pay the outstanding rental dues as stated supra to the Arni Municipality. https://www.mhc.tn.gov.in/judis WP.No.34169 of 2017 __________ Page9 of 11 If the said dues were paid by the petitioners namely, G.Seshachalam and A.K.Ravichandran, within a period of four weeks from the date of receipt of a copy of this order, then the shops will be allotted to them on the revised rental amount, failing which, the respondents are directed to evict the petitioners in accordance with law. 7. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition(s) are closed, if any. There shall be no order as to costs. 11-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DP https://www.mhc.tn.gov.in/judis WP.No.34169 of 2017 __________ Page10 of 11 To 1. The Secretary to Government Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009 2. The Director of Municipal Administration, Municipal Administration Department, Ezhilagam, Chepauk, Chennai-5 3. The Regional Director of Municipal Administration, Sarathi Nagar, Kakithaipattarai, Vellore -12 4. The District Collector Tiruvannamalai District, Tiruvannamalai 5. The Commissioner Arani Municipality, Arni, Tiruvannamalai District https://www.mhc.tn.gov.in/judis WP.No.34169 of 2017 __________ Page11 of 11 M.DHANDAPANI, J. DP WP No. 34169 OF 2017 11-06-2026 https://www.mhc.tn.gov.in/judis