V.Pushpavalli v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2023 CORAM :

THE HONOURABLE MRS.JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN V.Pushpavalli .. Petitioner 1.The State of Tamil Nadu Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Assistant Engineer, Division No.170, Corporation of Chennai Chennai.

3.The Assistant Executive Engineer, Unit 40, Corporation of Chennai Chennai.

4.The Executive Engineer I, Zone 13, Corporation of Chennai Chennai.

.. Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings in Notice No.13/U40/AEE/001/2023 dated 07.01.2023 of the Respondents 2 to 4 herein, quash the same and consequently direct the 1st Respondent to dispose of the appeal dated 06.10.2022 filed against the lock and seal notice No.13/00093/2022. For Petitioner : Ms.S.Meenakshi For Respondents : Mr.P.Gurunathan (for R1) Additional Government Pleader Mr.D.B.R.Prabhu (for R2 to R4) Government Advocate

O R D E R

(Order of the Court was made by V.LAKSHMINARAYANAN,J.) The petitioner seeks for a writ of certiorari to call for the records dated 07.01.2023 whereby the de-occupation notice was issued to the petitioner. The petitioner, as against the lock and seal had already preferred an appeal dated 06.10.2022 and the same is pending with the first respondent.

2.Therefore, without going into the merits of the case, suffice it to direct the first respondent to dispose of the appeal dated 06.10.2022 on merits and in accordance with law after hearing the petitioner, within a period of three (3) months from the date of receipt of a copy of this order. 2/4

Till then status quo as of today shall be maintained by either parties. It is made clear that taking advantage of the order of status quo, the petitioner should not put up any further construction.

3.With the above direction, this writ petition is disposed of. No costs.

(J.N.B,J.) (V.L.N,J.) 04.09.2023 Index:Yes/No Speaking order/Non-speaking order To 1.The State of Tamil Nadu Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Assistant Engineer, Division No.170, Corporation of Chennai, Chennai.

3.The Assistant Executive Engineer, Unit 40, Corporation of Chennai Chennai.

4.The Executive Engineer I, Zone 13, Corporation of Chennai Chennai.

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J. NISHA BANU,J.

and V. LAKSHMINARAYANAN,J.

04.09.2023 4/4