M MUTHARASU Vs. A&N ADMINISTRATION & OTHERS

JUDGEMENT

(1.) The petitioner, an allottee of two shop rooms bearing Nos. 54 and 55 of the Vegetable market of Mohanpura, Port Blair (hereinafter referred to as "the said shop rooms"), has filed this writ petition challenging the show cause notice dated January 17, 2017 and the demand notice dated January 23, 2017, both issued by the respondent No.6, the Revenue Officer of the Port Blair Municipal Council.

(2.) By the show cause notice dated January 17, 2017 the respondent No.6 alleged that the petitioner has caused unauthorised construction on the back lane of the said shops and called upon the petitioner to show cause within January 19, 2017, as to why his allotment in respect of the said shop rooms shall not be cancelled with immediate effect and possession shall not be assumed by the Council. By the notice dated January 23, 2017 the respondent No.6 directed the petitioner to pay Rs. 14,90,000/- to the Municipal Council on account of damage charges and cost of removal of encroachment by the petitioner.

(3.) Briefly stated, the facts which are necessary to be considered for deciding the present writ petition are that by an order dated January 23, 1996 the respondent No.5 the Secretary, PBMC allotted the said two shop rooms in favour of the petitioner. Subsequently, by two separate agreements dated January 10, 1997 and February 04, 1997, respectively the respondent No.3 inducted the petitioner as the tenant in respect of each of the said shop rooms, for a monthly rental of Rs. 350/-. There is no dispute that the petitioner has been regularly paying the monthly rent in respect both of the said shop rooms to the Municipal Council. According to the respondent Municipal Council, the petitioner had carried out some illegal construction at the back side of the said shop rooms by blocking the main drain of the market and in spite of issuance of public notice dated November 17, 2016 being issued by the respondent No.5, the petitioner did not remove such illegal construction. Therefore, on January 16, 2017 and January 17, 2017 the respondent Municipal Council had to demolish the said encroachments made by the petitioner at the rear portion of the said shop rooms. Thereafter, the respondent No.6, the Revenue Officer of the Municipal Council issued the aforementioned show cause notice dated January 17, 2017. In this regard, the operative portion of the said show cause notice dated January 17, 2017 is extracted below: