Case Note & Summary
The writ petition was filed by a retail licensed distribution business operating under the name M/s. Radhe Krishna Automotives, represented by its partner Moyilla Gayathri Devi, challenging a notice dated 05.11.2024 issued by the Greater Chennai Corporation and seeking time to relocate or make alternative arrangements. The Corporation had initiated proceedings in respect of unauthorised constructions on the premises occupied by the petitioner. During the pendency of the proceedings, on 18.11.2024, the petitioner filed an affidavit before the court undertaking to vacate the subject premises and hand over vacant possession to enable the Corporation to seal the property and demolish the unauthorised constructions. However, despite that undertaking, the petitioner failed to vacate the premises. When the matter came up for hearing, the learned counsel for the petitioner sought further time, submitting that the petitioner required some more time. The court observed that the undertaking had been given about three and a half months earlier, and while the undertaking did not specify a timeframe, a reasonable period had already elapsed. The court found the submission for additional time unreasonable. Exercising its writ jurisdiction under Article 226 of the Constitution, the court granted a final extension of two months, directing the petitioner to vacate the premises on or before May 6, 2025, and to inform the Corporation authorities accordingly so that they could seal the premises and initiate further action following due process. The court further directed that in the event of failure by the petitioner to vacate, the first respondent Corporation shall evict the petitioner, if necessary with police assistance, and proceed with all further actions. The writ petition was accordingly disposed of, with no order as to costs, and the connected miscellaneous petitions were closed.
Headnote
A) Writ Jurisdiction - Compliance with Undertaking - Article 226, Constitution of India, 1950 - Petitioner gave undertaking to vacate premises and hand over possession for demolition of unauthorised constructions - Court found request for further time unreasonable but granted two months as final opportunity - Held that petitioner must honour undertaking and vacate by May 6, 2025, failing which corporation may evict with police assistance (Paras 2-5).
Issue of Consideration
Whether the petitioner, who gave an undertaking to vacate premises with unauthorised constructions, is entitled to further time to vacate?
Final Decision
Writ petition disposed of with directions: petitioner shall vacate premises on or before May 6, 2025 and inform Corporation; if petitioner fails, Corporation may evict with police assistance. No costs.
Law Points
- Undertaking given before the court must be honoured
- courts may grant reasonable time to comply with undertaking
- Article 226 of Constitution of India invoked for directions
