S.Balan, S/O.Mr.Sundaram v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2017
CORAM
THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.5520 of 2017 S.Balan .. Petitioner Vs.
1. The Secretary to Government Tamil Nadu Housing and Urban Development Department, Secretariat, Fort St. George Chennai-09.
2. The Executive Engineer Unit-1, Zone-1, Corporation of Greater Chennai Thiruvottiyur, Chennai-19.
3. The Assistant Executive Engineer Unit-1, Zone-1, Corporation of Greater Chennai Thiruvoittiyur, Chennai-19.
4. The Assistant Engineer Unit-1, Zone-1, Division-2 Corporation of Greater Chennai Kathivakkam High Road Chennai-57.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 1st respondent to consider and dispose of the petitioner's Appeal dated 24.02.2017 and further directing respondents 2 to 4 not to take any coercive steps in respect of notice dated 27.12.2016 in Notice No.333 of 2016 including demolishing the petitioner's residential house at No.13/21, Anna Nagar, First Street, Ennore, Chennai-600 057 till the disposal of the above appeal.
For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader for 1st respondent Mr.V.C.Selvasekaran for respondents 2 to 4
ORDER
(Order of the Court was made by the Acting Chief Justice) Mr.T.N.Rajagopalan, learned Special Government Pleader takes notice for the first respondent. Mr.V.C.Selvasekaran, learned counsel takes notice for respondents 2 to 4.
2. Heard the learned counsel for the parties.
3. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus to direct the 1st respondent to consider and dispose of the petitioner's Appeal dated 24.02.2017 and further direct respondents 2 to 4 not to take any coercive steps in respect of notice dated 27.12.2016 in Notice No.333 of 2016, including demolishing the petitioner's residential house at No.13/21, Anna Nagar, First Street, Ennore, Chennai-600 057, till the disposal of the above appeal.
4. Calling into question the lock and seal and demolition notice dated 27.10.2016, the petitioner has preferred an appeal before the first respondent on 24.2.2017 and the same is pending consideration. Apprehending that the respondent/authorities may take coercive action pending disposal of the appeal, the present writ petition is filed for the relief stated supra.
5. Considering the facts and circumstances of the case, we direct the first respondent to consider the appeal filed by the petitioner on 24.2.2017 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner within three months from the date of receipt of a copy of this order. Till the disposal of the appeal, no coercive steps shall be taken by the respondent authorities.
The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.5871 of 2017 is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sasi To:
1. The Secretary to Government Tamil Nadu Housing and urban Development Department, Secretariat, Fort St. George Chennai-09.
2. The Executive Engineer Unit-1, Zone-1, Corporation of Greater Chennai Thiruvottiyur, Chennai-19.
3. The Assistant Executive Engineer Unit-1, Zone-1, Corporation of Greater Chennai Thiruvoittiyur, Chennai-19.
4. The Assistant Engineer Unit-1, Zone-1, Division-2 Corporation of Greater Chennai Kathivakkam High Road Chennai-57 + 1 cc to M/s. L. Chandrakumar, Advocate SR.14409 + 1 cc to Government Pleader Sr.14710 W.P.No.5520 of 2017 RSI(CO) EU 10.03.17