URIMAM PETRA KAIKARI VYAPARIGAL PODHU NALA SANGHAM AND ORS. Vs. THE MEMBER SECRETARY & CHIEF EXECUTIVE OFFICER, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY AND ORS.

JUDGEMENT

(1.) TOTALLY five writ petitions have been filed in respect of the godown bearing No. G -88 situate at Periyar Vegetable Market, Koyambedu wholesale market complex, Chennai, out of which three writ petitions have been filed by Urimam Petra Kaikari Vyabarigal Podunala Sangam (Registration No. 282/98) represented by its Secretary Mr. S.R.M. Jayaraman, namely, (i) Writ Petition No. 11054 of 2014 challenging the impugned letter bearing No. K2/9228/2003 dated 28.3.2014 directing the petitioner to clear the rental arrears from 10.11.99 to 15.4.14 worked out to Rs. 84,90,786/ - with outstanding interest together with 12.36% service tax and maintenance charges of Rs. 1/ - per sq.ft., on or before 15.4.14, failing which eviction would be carried out without any further notice; (ii) Writ Petition No. 25199 of 2014 challenging the impugned proceedings dated 18.8.2014 dissolving the petitioner sangam as per Section 44(4) of the Tamil Nadu Societies Registration Act, 1975, on the ground that the respondents have not followed the due process of law for declaring the petitioner as defunct without considering the representation dated 7.8.2014; and (iii) Writ Petition No. 14776 of 2015 challenging the impugned order dated 13.5.2015 in Letter No. K2/9228/2003 proposing to carry out the eviction on 15.5.2015 at 11.00 AM, since the petitioner has not complied with the order passed by this Court in M.P. No. 1 of 2014 in W.P. No. 11054 of 2014 dated 17.4.2014 in full, directing the petitioner to pay a sum of Rs. 50,000/ - per month continuously till the disposal of the writ petition, whereas the petitioner has remitted only a sum of Rs. 37,000/ -per month instead of Rs. 50,000/ - per month, consequently, the impugned order requested the Assistant Commissioner of Police to instruct the Koyambedu Police Station to provide the necessary police protection to carry out the eviction.

(2.) WRIT Petition No. 15373 of 2015 has been filed by Mr. A. Chinnadurai, Mr. P. Jayamoorthy and Mr. H. Gokul Raj challenging a portion of the impugned order dated 13.5.2015, to quash the same with a further direction to de -seal the premises in G -88/1, G -88/2 and G -88/7, Periyar Vegetable Market, Koyambedu wholesale market complex, Chennai.

(3.) SINCE the issue lies in a narrow compass, all the writ petitions are disposed of by this common order.