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2025 DAILYLAW 41940 (MAD)

K.Lalitha v. The Secretary to Government

WP/11470/2022 · 2025-03-12

J Sathya Narayana Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.11470 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.03.2025 CORAM : THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.11470 of 2022 and W.M.P.Nos.10978 & 15646 of 2022 K.Lalitha ... Petitioner Vs. 1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariate, Chennai – 600 009. 2.The Commissioner, Directorate of Town Panchayath, Raja Annamalaipuram, Chennai – 600 028. 3.The District Collector, Kancheepuram District, Kancheepuram. 4.The Assistant Director of Town Panchayat, Kancheepuram Zone, Kancheepuram District. 5.The Executive Officer, Walajabad Town Panchayat, Walajabad Taluk, Kancheepuram District. 6.The Chairman, Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.11470 of 2022 Walajabad Town Panchayat Office, Walajabad Taluk & Town, Kancheepuram District. 7.The General Manager, Kancheepuram – Tiruvallur District Co-operative Milk Producers Union Ltd., Ayyanavaram, Chennai – 600 023. … Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the entire records relating to the impugned order in Na.Ka.No.84/2017/A1 dated 22.04.2022 issued by the fifth respondent and quash the same and consequently direct the fifth respondent to renew the allotment of existing vacant site. For Petitioner : Mr.T.Karunakaran For Respondent 1 : Mr.M.S.Prem Kumar, Government Advocate For Respondents 2 to 4 : M/s.P.Aishwarya, Government Advocate For Respondents 5 & 6 : Mr.S.Rajesh, Government Advocate O R D E R The relief sought by the petitioner in this writ petition is to call for the Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.11470 of 2022 entire records relating to the impugned order in Na.Ka.No.84/2017/A1 dated 22.04.2022 issued by the fifth respondent and quash the same and consequently direct the fifth respondent to renew the allotment of existing vacant site. 2. Learned counsel for the petitioner would submit that she has been given the agency for distribution of Aavin Milk in the Walajabad Town by the seventh respondent in the year 2014. The respondents 5 & 6 has allotted vacant site as per the order of the seventh respondent for putting up of metal bunk (10 feet X 20 feet) in the bus stand of Walajabad Town and collected the annual rent in advance for a sum of Rs.23,281/- for the period of 2021- 2022. The petitioner is the only distributor of the Aavin Milk in and around the Walajabad Town for more than 1500 families. The allotment of vacant site has been extended from time to time, till date. The fifth respondent has failed to renew the allotment, after the expiry on 31.03.2022 and issued the impugned order in Na.Ka.No.84/2014/A1 dated 22.04.2022 by directing the petitioner to vacant the metal bunk (10 feet X 20 feet) within three days from the receipt of the order. Challenging the said order, the petitioner has come Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.11470 of 2022 forward with the present writ petition. 3. Learned Government Advocate appearing for the respondents 5 & 6 has filed a memo of calculation, wherein, the particulars of payment including the arrears to be paid by the petitioner is furnished and the relevant portion is extracted hereunder: Fj;jif tUlk; Mtpd; g';f; thlif 5 rjtPjk; cah;j;jg;gl;l bjhif U:/ jiuthlif 5 rjtPjk; cah;j;jg;gl;l khj thlif X khjk; U:/ bkhj;jk; U:/ 2022-23 11215 1105X12 13260 24475 2023-24 11776 1160X12 13920 25696 2024-25 12365 1218X12 14616 26981 bkhj;jk; 35356 41796 77152 nkw;go. Mtpd; ghyfj;jpw;F 2022?23 Mk; Mz;L Kjy; 2024?25 Mk; Mz;L tiu Fj;jif chpikapid ePl;Of;Fk; gl;rj;jpy; Mtpd; ghyfj;jpw;F U:/35356-? kw;Wk; jiuthlif U:/41796-? nrh;j;J Mfbkhj;jk; U:/77152-? brYj;jg;gl ntz;Lk; vd;w tptuj;jpid gzpe;J rkh;g;gpf;fg;gLfpwJ/” Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.11470 of 2022 4. Learned counsel for the petitioner seeks two weeks time to pay the aforesaid arrears to a sum of Rs.77152/- as claimed by the fifth respondent. 5. Heard the learned counsel on either side and perused the materials available on record. 6. In view of the submission made by the learned counsel on either side, this Court issues the following directions: (i) The petitioner is directed to pay the above sum of Rs.77152/-, to the fifth respondent, within a period of two weeks from the date of receipt of a copy of this order. (ii) On receipt of the aforesaid amount from the petitioner, the license for running the Aavin Milk Parlour shall be renewed by the fifth respondent. 7. This writ petition is disposed of with the aforesaid observation and directions. No costs. Consequently, connected miscellaneous petitions are closed. Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.11470 of 2022 12.03.2025 vm Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No To: 1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariate, Chennai – 600 009. 2.The Commissioner, Directorate of Town Panchayath, Raja Annamalaipuram, Chennai – 600 028. 3.The District Collector, Kancheepuram District, Kancheepuram. 4.The Assistant Director of Town Panchayat, Kancheepuram Zone, Kancheepuram District. 5.The Executive Officer, Walajabad Town Panchayat, Walajabad Taluk, Kancheepuram District. Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.11470 of 2022 6.The Chairman, Walajabad Town Panchayat Office, Walajabad Taluk & Town, Kancheepuram District. 7.The General Manager, Kancheepuram – Tiruvallur District Co-operative Milk Producers Union Ltd., Ayyanavaram, Chennai – 600 023. J.SATHYA NARAYANA PRASAD,J. vm W.P.No.11470 of 2022 Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.11470 of 2022 12.03.2025 Page No.8 of 8 https://www.mhc.tn.gov.in/judis