Madras HC dismisses plea by shopkeepers at Tirunelveli bus stand against eviction

Madurai: The Madras high court dismissed a batch of petitions filed by shopkeepers at the Tirunelveli Junction Bus Stand against eviction notice issued to them by the Tirunelveli Corporation to make way for a project under the smart city scheme. The court has granted four weeks to vacate the shops.

A batch of petitions were filed before the court this year by the shopkeepers seeking the Tirunelveli Corporation not to evict them and if necessitated give an assurance of re-allotment in the existing place.

A notice was issued on August 1 by the corporation to vacate and handover the shops allotted to them within seven days.

The counsel for Tirunelveli Corporation stated that the lease period was already over and as such the petitioners were in no position to challenge the eviction notice, adding that the petitioners were tenants under the corporation and cannot seek as a matter of right to be in possession of the property forever. He stated that eviction orders were passed against all the occupants to construct a new building.

He further submitted that when a project involving huge public money is proposed, the petitioners cannot stand in the way to oppose it by filing the petitions. The petitioners, who are tenants under the corporation, claimed that there is no need to evict them as the proposed construction area will not cover the area where their shops are situated. The petitioners also stated that they will make a representation to the corporation for re-allotment of shops after reconstruction and the same shall be considered. To this, the court said that it is open to the corporation to consider the same and pass orders on the merits in accordance with the law. A division bench of Justice K Ravichandrabaabu and Justice Senthilkumar Ramamoorthy said, “We are not expressing any view on the merits of the claim made by the petitioners for re-allotment, as it is for the Corporation to consider and decide.”