Madrasdated High Court · 2025

WP Nos.17935 of 2025, etc., & BatchWP No. 39794 of 2024PRAYERTo call for the records relating to the impugned proceedings of the 4th respondent in Na.Ka. No.7853/ BCM / 2022 dated 13.12.2024 and Na.ka. No.7853/ BCM / 2022 dated 17.12.2024, quash the same and consequently direct the respondents 1 to 4 not to evict the petitioner from the premises bearing Shop No.KM-3, South Side, Kuralagam Main Building, chennai- 108, other than by due process of law and without providing alternative place to relocate the shop of the petitioner and pass.WP No. 39797 of 2024PRAYERTo call for the records relating to the impugned proceedings of the 4th respondent in Na.Ka. No.7853/ BCM / 2022 dated 13.12.2024 and Na.ka. No.7853/ BCM / 2022 dated 17.12.2024, quash the same and consequently direct the respondents 1 to 4 not to evict the petitioner from the premises bearing Shop No.KM-5 and KM-7, South Side, Kuralagam Main Building, chennai- 108, other than by due process of law and without providing alternative place to relocate the shop of the petitioner and pass.WP No. 39799 of 2024PRAYERTo call for the records relating to the impugned proceedings of the 4th respondent in Na.Ka. No.7853/ BCM / 2022 dated 13.12.2024 and Na.ka. No.7853/ BCM / 2022 dated 17.12.2024, quash the same and consequently direct the respondents 1 to 4 not to evict the petitioner from the premises bearing Shop No.KM-6 South Side, Kuralagam Main Building, chennai- 108, other than by due process of law and without providing alternative place to relocate the shop of the petitioner and pass.For Petitioner(s):Mr.S.K.Bose (in WP 17935/2025)Page No.10 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & BatchMr.D.Abdullah(in WP 39799, 39789, 39797 39795, 39794, 39792/2024)For Respondent(s):M/s. C.Rajakumar, Standing Counsel For R1 Mrs.P.T.Ramadevi Standing Counsel For R2 (in WP 17935/2025)Mr.J.RaveendranAdditional Advocate Generalasst byMr.E.Vijay Anand Additional Government Pleader for R1 & 2Mr.C.Rajakumar, Standing Counsel For R3 & R4B.Vijay, Standing Counsel for R5 (in 39795, 39789, 39792, 39794, 39797 & 39799 of 2024)COMMON ORDERThese writ petitions have been filed either challenging the notice issued by the Tamil Nadu Kadhi and Village Industries Board directing the petitioners to vacate and handover the premises or seeking for a mandamus to allot alternate space to enable the petitioners to carry on with their business.2. The petitioners are lessees/licensees under the Tamil Nadu Khadi and Village Industries Board. A decision was taken to demolish the entire structure Page No.11 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & Batchand to reconstruct the same. After such a decision was taken, all the occupants started vacating the premises, including some of the Government establishments. The particulars of the Government establishments who have vacated the premises were also mentioned in the typed set of papers filed by the respondents. The petitioners, who were operating eatery shop, xerox shop, juice shop, etc., claim that they are the lessees in the said property and that they cannot be evicted from the property unless and otherwise by due process of law. Since an attempt was made to evict them, they have filed the present writ petitions.3. When these writ petitions came up for hearing on 19.06.2025, this Court passed the following order,“Heard the learned counsels for the petitioners, the learned Additional Advocate General appearing on behalf of the Greater Chennai Corporation and the learned Standing Counsel appearing on behalf of the Tamil Nadu Khadi and Village Industries Board.2. In the considered view of this Court, the petitioners were licensees operating Eatery Shop, Xerox Shop, Juice Shop, etc. The demolition and reconstruction process of the complex has been ongoing since 2023 and except for 11 shops, all the others, including Government establishment have vacated.3. Even when the writ petitions were filed in the Page No.12 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & Batchyear 2024, the petitioners should have made some alternative arrangements by now. This Court is of the opinion that the entire project cannot be halted for the sake of a few individuals running tea shop, Xerox shop, etc. Hence, this Court has decided to grant two (2) weeks time to the petitioners to vacate the premises.4. The learned counsels for the petitioners wants to inform the same to the petitioners, so that they can make alternative arrangements. 5. Post all these Writ Petitions under the caption “For Passing Final Order” on 20.06.2025.”4. When these writ petitions were taken for hearing today, the learned counsel for the petitioners submitted that the stand taken by the respondents, as if the petitioners are licensees, is not correct and that the petitioners are actually the lessees in the property, and they should not be evicted without following due process of law.5. In the considered view of this Court, there is a large public interest involved in the present case, and already the majority of establishments that were functioning in the property have vacated. Some of the persons who were permitted to run the shops are continuing to occupy. This Court has already expressed its view that the entire project cannot be brought to a standstill in order to accommodate some of the persons running shops. Therefore, this Court Page No.13 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & Batchhad directed the learned counsel for the petitioners to take instructions from the petitioners regarding vacating the shops within two weeks. Accordingly, the matter was listed for hearing today.6. The learned counsel for the petitioners submitted that the petitioners have paid advance amounts to the Tamil Nadu Kadhi and Village Industries Board and the advance amount is available with the Board. If at all the petitioners have to look for alternate accommodation, the advance must be refunded, and more time is required for the petitioners to vacate and hand over possession.7. Per contra, the learned Standing Counsel appearing on behalf of the Board submitted that there are arrears of rent payable and hence, the arrears of rent will be deducted, and the balance amount will be refunded to the petitioners.8. Taking into consideration the facts and circumstances, and considering the materials placed before this Court, and taking note of the larger interest involved in this case, and also in order to strike a balance to enable the petitioners to look for alternate accommodation, since it involves their livelihood, all the writ petitions are disposed of with the following terms:(a) There shall be a direction to the Tamil Nadu Page No.14 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & BatchKadhi and Village Industries Board to immediately refund the advance amount paid by the petitioners, after deducting the arrears of rent, if any, within a period of two days from the date of receipt of a copy of this order.(b) The petitioners are directed to vacate and handover the possession of the property to the Tamil Nadu Kadhi and Village Industries Board on or before 21.07.2025.(c) If the petitioners fail to vacate and handover the premises, it is left open to the respondents to take possession of the property.(d) If the petitioners are seeking for an alternate accommodation, it is left open to the petitioners to make a representation to the Chennai Corporation, and the same shall be considered sympathetically.(e) On petitioners vacating and handing over the possession, the process of demolition and Page No.15 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & Batchreconstruction shall commence and it shall be completed expeditiously.Consequently, the connected miscellaneous petitions, if any, are closed.20-06-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NogdPage No.16 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & BatchWP No. 17935 of 2025To1.The Chief Executive OfficerTamilnadu Khadi And Village, Industries Board, Kuralagam, Chennai-600 1042.The CommissionerGreater Chennai Corporation, Rippon Building, Chennai3.Chennai Metro Rail Ltd(cmrl)327, Anna Salai, Nandanam, Chennai-600 035. WP No. 39795 of 2024To1.The Additional Chief SecretaryGovernment Of Tamil Nadu, Handlooms, Handicrafts, Textiles And Khadi Department, Fort St. George, Chennai- 600 009.2.The Secretary To GovernmentHandlooms, Handicrafts, Textiles And Khadi Department, Government Of Tamil Nadu, Fort St. George, Chennai- 600 009.Page No.17 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & Batch3.The Tamil Nadu Khadi And VillageIndustries Board, Rep By Its Board Of Director, Kuralagam, Chennai- 600 108.4.The Chief Executive OfficerThe Tamil Nadu Khadi And Village, Industries Board, Kuralagam, Chennai- 600 108.5.Chennai Metro Rail Ltd(cmrl)327, Anna Salai, Nandanam, Chennai-600 035. WP No. 39789 of 2024To1.The Additional Chief SecretaryGovernment Of Tamil Nadu, Handlooms, Handicrafts, Textiles And Khadi Department, Fort St. George, Chennai- 600 009.2.The Secretary To GovernmentHandlooms, Handicrafts, Textiles And Khadi Department, Government Of Tamil Nadu, Fort St. George, Chennai- 600 009.3.The Tamil Nadu Khadi And VillageIndustries Board, Rep By Its Board Of Director, Kuralagam, Chennai- 600 108.4.The Chief Executive OfficerPage No.18 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & BatchThe Tamil Nadu Khadi And Village, Industries Board, Kuralagam, Chennai- 600 108.5.Chennai Metro Rail Ltd(cmrl)327, Anna Salai, Nandanam, Chennai-600 035. WP No. 39792 of 2024To1.The Additional Chief SecretaryGovernment Of Tamil Nadu, Handlooms, Handicrafts, Textiles And Khadi Department, Fort St. George, Chennai- 600 009.2.The Secretary To GovernmentHandlooms, Handicrafts, Textiles And Khadi Department, Government Of Tamil Nadu, Fort St. George, Chennai- 600 009.3.The Tamil Nadu Khadi And VillageIndustries Board, Rep By Its Board Of Director, Kuralagam, Chennai- 600 108.4.The Chief Executive OfficerThe Tamil Nadu Khadi And Village, Industries Board, Kuralagam, Chennai- 600 108.5.Chennai Metro Rail Ltd(cmrl)327, Anna Salai, Nandanam, Chennai-600 035. Page No.19 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & BatchWP No. 39794 of 2024To1.The Additional Chief SecretaryGovernment Of Tamil Nadu, Handlooms, Handicrafts, Textiles And Khadi Department, Fort St. George, Chennai- 600 009.2.The Secretary To GovernmentHandlooms, Handicrafts, Textiles And Khadi Department, Government Of Tamil Nadu, Fort St. George, Chennai- 600 009.3.The Tamil Nadu Khadi And VillageIndustries Board, Rep By Its Board Of Director, Kuralagam, Chennai- 600 108.4.The Chief Executive OfficerThe Tamil Nadu Khadi And Village, Industries Board, Kuralagam, Chennai- 600 108.5.Chennai Metro Rail Ltd(cmrl)327, Anna Salai, Nandanam, Chennai-600 035. WP No. 39797 of 2024ToPage No.20 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & Batch1.The Additional Chief SecretaryGovernment Of Tamil Nadu, Handlooms, Handicrafts, Textiles And Khadi Department, Fort St. George, Chennai- 600 009.2.The Secretary To GovernmentHandlooms, Handicrafts, Textiles And Khadi Department, Government Of Tamil Nadu, Fort St. George, Chennai- 600 009.3.The Tamil Nadu Khadi And VillageIndustries Board, Rep By Its Board Of Director, Kuralagam, Chennai- 600 108.4.The Chief Executive OfficerThe Tamil Nadu Khadi And Village, Industries Board, Kuralagam, Chennai- 600 108.5.Chennai Metro Rail Ltd(cmrl)327, Anna Salai, Nandanam, Chennai-600 035. WP No. 39799 of 2024To1.The Additional Chief SecretaryGovernment Of Tamil Nadu, Handlooms, Handicrafts, Textiles And Khadi Department, Fort St. George, Chennai- 600 009.Page No.21 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & Batch2.The Secretary To GovernmentHandlooms, Handicrafts, Textiles And Khadi Department, Government Of Tamil Nadu, Fort St. George, Chennai- 600 009.3.The Tamil Nadu Khadi And VillageIndustries Board, Rep By Its Board Of Director, Kuralagam, Chennai- 600 108.4.The Chief Executive OfficerThe Tamil Nadu Khadi And Village, Industries Board, Kuralagam, Chennai- 600 108.5.Chennai Metro Rail Ltd(cmrl)327, Anna Salai, Nandanam, Chennai-600 035. Page No.22 of 23 https://www.mhc.tn.gov.in/judis WP Nos.17935 of 2025, etc., & BatchN.ANAND VENKATESH J.gdWP Nos. 17935 of 2025, etc., & Batch20-06-20252/2Page No.23 of 23