P.Pooliah Pandian v. Corporation Of Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.3910 of 2018 and W.M.P.No.4809 of 2018 Mr.P.Pooliah Pandian .. Petitioner Vs.
1. Corporation of Chennai, Rep. by its Commissioner, Rippon Building, Chennai-600 003.
2. The Executive Engineer, Zone IX, Greater Chennai Corporation, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai-600 034.
3. The Assistant Engineer, Corporation of Chennai, Division 114, No.22/45, Arunachalam Street, Chepauk, Chennai-600 005.
4. B.Nagaraja Rao .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to forbear the respondents from locking and sealing the premises comprised at New No.20, Old No.73, Pillayar Koil Street, Chepauk, Chennai-600 005, by granting time to petitioner till 30th June 2018 for relocation. For Petitioner : Mr.S.Ramesh For Respondents : Mr.K.Soundararajan for RR-1 to 3
ORDER
(The Order of the Court was made by M.Venugopal, J) The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to forbear the respondents from locking and sealing the premises comprised at New No.20, Old No.73, Pillayar Koil Street, Chepauk, Chennai-600 005, by granting time to petitioner till 30th June 2018 for relocation.
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents 1 to 3. In view of the fact that the petitioner himself is requiring time till June 2018 so as to enable his children to take up the Examinations in a peaceful manner, this Court, taking note of the fact that the petitioner being a tenant and the fourth respondent/landlord whose appeal was rejected and according to the petitioner, his whereabouts are not known after the disposal of the appeal preferred by him, this Court, to avoid avoidable delay, in the interest of justice, dispenses with the notice to be issued to the fourth respondent.
3. Considering the fact that the petitioner has two children and his elder son is studying VIII Standard and younger daughter is studying IV Standard in a school near-by and they are taking up the Annual Examinations by the end of March/April 2018 and taking note of the plea made on behalf of the petitioner that the children are at the fag end of the academic career, this Court grants time to the petitioner till 15.06.2018 to enable him to vacate from the subject premises. Till 15.06.2018, their possession shall not be disturbed by the respondents 1 to 3 and the petitioner is directed to file affidavit before this Court by 29.06.2018, as to the factum of the premises being vacated.
4. With the above observations and directions, the Writ Petition is disposed of. No costs. Consequently, W.M.P. is closed.
5. Post the Writ Petition "for reporting compliance" on 29.06.2018.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar cs
To
1. Corporation of Chennai, Rep. by its Commissioner, Rippon Building, Chennai-600 003.
2. The Executive Engineer, Zone IX, Greater Chennai Corporation, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai-600 034.
3. The Assistant Engineer, Corporation of Chennai, Division 114, No.22/45, Arunachalam Street, Chepauk, Chennai-600 005.
copy The Section Officer, Writ Section, High Court, Madras.
+1 CC to Mr.K.Soundararajan, Advocate Sr.No.13738 W.P.No.3910 of 2018 SVI(CO) KP(08/03/2018)