M/S. The Madras Society For v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.20410 of 2018 M/s.The Madras Society for Prevention of Cruelty to Animals, rep.by its Power of Attorney C.P.Achuthan New No.34, 35, Old No.67, 69/1 Vepery High Road, Vepery, Chennai-600 007.

...

Petitioner -vs1.The Government of Tamil Nadu, Secretary to Government, Housing and Urban Development Department, Chennai-600 009.

2.The Commissioner, Corporation of Chennai, Ripon Building, Chennai-600 003.

3.The Executive Engineer, Town Planning (Enforcement), Corporation of Chennai Zone-5, Division-58, Chennai-600 007.

4.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, Egmore, Chennai-600 008.

...

Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first respondent to pass order within the time limit fixed by this Court in the Stay Application and Appeal dated 22.03.2018 filed by MSPCA (petitioner herein), situated at Old No.34 and 35 and New No.67 and 69/1 Vepery High Road, Vepery, Chennai-600 007.

For Petitioner ::

Mr.S.Jayakumar For Respondents::

Mr.P.S.Sivashanmugasundaram, Spl.GP for R1 Mr.Arunmozhi for R2 and R3 Mr.Karthik Rajan for R4

ORDER

(Made by K.KALYANASUNDARAM, J.) This writ petition has been filed to direct the first respondent to pass orders on the appeal of the petitioner dated 22.03.2018 within a specified time frame.

2.The learned counsel for the petitioner has submitted that the petitioner is the lessee of the property bearing Old Nos.34 and 35 and New Nos.67 and 69/1, Vepery High Road, Vepery, Chennai-600 007 and aggrieved over the order of lock and seal, the petitioner has preferred an appeal before the first respondent on 20.03.2018 along with an application for stay. Since no order has been passed, the petitioner has come up with the present writ petition.

3.The learned counsel for the petitioner has submitted that it would suffice if a direction is issued to the first respondent to dispose of the appeal on merits. 4.The learned Special Government Pleader appearing for the first respondent has submitted that the appeal would be disposed of in accordance with law.

5.In the light of the prayer sought for by the petitioner in this writ petition and the submissions made by the learned counsel on either side, without going into the merits of the matter, the first respondent is directed to dispose of the appeal dated 20.03.2018 on merits and in accordance with law after affording opportunity to all the parties concerned, within a period of two months from the date of receipt of a copy of this order.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar KM

To 1.The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Chennai-600 009.

+1cc to Mr.S.Jayakumar, Advocate SR.No.55947 +1cc to Mr.R.A.Arunmozhi, Advocate SR.No.56607 +1cc to Government Pleader SR.No.56438 W.P.No.20410 of 2018 GN(30/08/2018)