Y.Anushya Devi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction) Monday, the Nineteenth day of July Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE N.KIRUBAKARAN AND THE HON`BLE MRS JUSTICE T.V.THAMILSELVI WP.No.5211 of 2021 Y.ANUSHYA DEVI [ PETITIONER ] Vs 1 THE COMMISSIONER, [ RESPONDENTS ] GREATER CHENNAI CORPORATION, RIPON BUILDINGS, CHENNAI-3.

2 THE EXECUTIVE ENGINEER, ZONE-14, NO.6/64, PUZHUTHIVAKKAM MAIN ROAD, PUZHUTHIVAKKAM, CHENNAI-91.

3 C.PRABHU Writ Petitions under Article 226 of the Constitution of India praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to issue a WRIT OF MANDAMUS or any other appropriate writ, order or direction particularly in the nature of writ, directing the respondents to grant 8 months time to vacate the shop situated at S.No.668/7B, New Balaji Nagar, Pallikaranai, chennai-600100 (in WP.No.5211 of 2021).

Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.K.RAHAVAN, Advocate for the petitioner and of MR.K.RAJA SHRINIVAS, Senior Counsel on behalf of the 1st & 2nd respondents and of MR.V.T.BALAJI, Advocate for the 3rd respondent, the court made the following order:- [Order of the Court was made by N.KIRUBAKARAN, J.,] When the matter is called today, Mr. R.Kannan, Learned Counsel represented that he is no more appearing for the Petitioner, as he has already given change of vakalat to the Petitioner. The said statement is recorded.

https://hcservices.ecourts.gov.in/hcservices/ 2.

However, one Mr.K.Rahavan, Learned Counsel has filed an

Affidavit of the Petitioner stating that the Petitioner has already removed all the goods and belongings, pursuant to the Lock and Seal notice and De-occupation notice issued by the Greater Chennai Corporation and paragraph no. 9 of that Affidavit is usefully extracted as follows:- "9.

I state that the Lease period of my Supermarket namely M/s. YD Mart, commenced on 29th June, 2015 with a tenure of 15 years ending on 31st July, 2030. In pursuant to the Lock and Seal and De-occupation Notice issued by the Greater Chennai Corporation officials, I have removed all the goods and belongings from the demised building premises to pave way for the enforcement action by the Greater Chennai Corporation officials. I state that I am in virtual possession of the demised building premises."

Recording the above facts, the Corporation is directed to enforce the order passed. Hence, no further order is required in this matter.

-sd/- 19/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE COMMISSIONER, GREATER CHENNAI CORPORATION, RIPON BUILDINGS, CHENNAI-3.

2 THE EXECUTIVE ENGINEER, ZONE-14, NO.6/64, PUZHUTHIVAKKAM MAIN ROAD, PUZHUTHIVAKKAM, CHENNAI-91.

Order in WP.No.5211 of 2021 Date: 19/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format UM(28/07/2021) https://hcservices.ecourts.gov.in/hcservices/