← Library
Madras High CourtWP/5242/2019disposed of

B.Satish v. The Commissioner

2019-03-04Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P. No. 5242 of 2019 B.Sathish ... Petitioner Vs.

1. The Commissioner Corporation of Chennai Rippon Building Chennai - 600 003.

2. The Zonal Officer Zone-8, Greater Chennai Corporation Rippon Building Chennai- 600 009.

3. The Assistant Revenue Officer Zone-8, No.36B, 2nd Cross Street Pulla Avenue Shenoy Nagar Chennai-600 030.

4. The Executive Engineer Zone-8, No.36 B, 2nd Cross Street Pulla Avenue Shenoy Nagar, Chennai 600 030.

5. The Assistant Engineer Zone-8, No.36 B, 2nd Cross Street Pulla Avenue, Shenoy Nagar Chennai - 600 030.

... Respondents Prayer :: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to permit the petitioner to take his belongings from the premises at No.29/15, Millers Road, Kilpauk, Chennai - 600 010, based on the representation dated 09.02.2019. For Petitioner : Mr.Praveen S Purohit For Respondents : Mr.G.Anantharangan, Standing Counsel

O R D E R

The petitioner seeks for a direction to the respondents to permit him to take his belongings from the premises at No.29/15, Millers Road, Kilpauk, Chennai - 600 010, based on the representation dated 09.02.2019.

2.Heard both sides.

3.The petitioner was running a restaurant in the said premises. On 10.11.2018 the Corporation officials sealed the premises on the reason that the said restaurant was being run without a trading license obtained from the Corporation. Now the petitioner has filed the present writ petition by categorically making averments in the affidavit filed in support of this writ petition that he has decided to vacate the premises. 4.Considering the fact that the petitioner has decided to vacate the premises and therefore, he wants to take his belongings from the premises, this Court is of the view that there cannot be any impediment for the respondents Corporation in permitting the petitioner to take his belongings from the premises.

5.Accordingly, this writ petition is disposed of on the following terms:

(a) The Corporation Officials will remove the seal only for the purpose of removing the belongings available in the premises and not for any other purpose;

(b) The petitioner shall complete the entire process of vacating the premises with their belongings within a period of 7 days from the date of desealing.

(c) The Corporation Official will deseal the premises on 06.03.2019.

No costs. Post the matter 'for reporting compliance' on 14.03.2019.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar maya/sni

To

1. The Commissioner Corporation of Chennai Rippon Building Chennai - 600 003.

2. The Zonal Officer Zone-8, Greater Chennai Corporation Rippon Building, Chennai- 600 009.

3. The Assistant Revenue Officer Zone-8, No.36B, 2nd Cross Street Pulla Avenue Shenoy Nagar Chennai-600 030.

4. The Executive Engineer Zone-8, No.36 B, 2nd Cross Street Pulla Avenue Shenoy Nagar, Chennai 600 030.

5. The Assistant Engineer Zone-8, No.36 B, 2nd Cross Street Pulla Avenue, Shenoy Nagar Chennai - 600 030.

+1 cc to Mr.Praveen S Purohit, Advocate, S.R.No.20488 W.P. No. 5242 of 2019 SSM(05/03/2019).