Madras High CourtWP/8815/2017disposed of

C.Gurulingam v. State Of Tamilnadu

2017-04-12Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.Nos.8815 & 8816 of 2017 and W.M.P.Nos.9668 & 9669 of 2017 C.Gurulingam ... Petitioner in both W.Ps Vs.

1. State of Tamil Nadu rep by its Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 35.

.. Respondents in both W.Ps Petitions filed under Article 226 of The Constitution of India praying to issue a writ of mandamus forbearing the 2nd respondent from evicting the petitioner from the premises Room Nos.26 & 25,respectively Single Persons Quarters, Lloyds Colony, Royapettah, Chennai - 14 till the disposal of the Appeal dated 06.04.2017 filed before the 1st respondent. For Petitioner : Mr.S.Parthasarathy, Senior Counsel (in both W.Ps) for M/s.R.Raja Ramani For Respondents : Mr.A.N.Thambidurai, (in both W.Ps) Special Government Pleader (R1) Mr.V.Anandamoorthy (R2) C O M M O N O R D E R The petitioner has filed the above Writ Petitions to issue a writ of mandamus forbearing the 2nd respondent from evicting the petitioner from the premises Room Nos.26 & 25, Single Persons Quarters, Lloyds Colony, Royapettah, Chennai - 14 till the disposal of the Appeal dated 06.04.2017 filed before the 1st respondent.

2.It is the case of the petitioner that he is an Allottee of the Room Nos.26 & 25, Single Persons Quarters, Llyods Colony, Royapettah, Chennai, by the proceedings of the Revenue Officer of the respondents. The 2nd respondent ordered eviction of the petitioner from the premises. As against the order passed by the 2nd respondent, the petitioner preferred an appeal before the 1st respondent on 06.04.2017. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the respondents submitted that the 1st respondent may be directed to dispose of the main appeal itself within a period of two weeks in accordance with law.

4.Having regard to the submissions made by the learned counsel on either side, I am of the view that the 1st respondent may be directed to dispose of the appeal within a time frame and till such time, the respondents can be restrained from evicting the petitioner from the premises. Accordingly, I direct the 1st respondent to dispose of the appeal dated 06.04.2017, on merits and in accordance with law, within a period of two weeks from the date of receipt of the copy of this order.

5.It was represented by the learned senior counsel appearing for the petitioner that the respondents had sealed the premises.

6.In these circumstances, the respondents are directed to remove the seal and till the disposal of the appeal, the respondents are restrained from evicting the petitioner from the premises.

7.With these observations, the Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar va To

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

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 35.

+1cc to Mr.R.Rajaramani, Advocate, S.R.No.22182&22183 +1cc to Government Pleader, Sr. 22435(24/04/2017) W.P.Nos.8815 & 8816 of 2017 and W.M.P.Nos.9668 & 9669 of 2017 rj(co) rmp(13/04/17) https://hcservices.ecourts.gov.in/hcservices/