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Madras High CourtWP/9751/2022disposed of

Sri Mahaveer Tyres v. The Commissioner

2022-04-20Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.9751 of 2022 Sri Mahaveer Tyres, F/A 71 Prop. Ms. Prem Kumari Old No.28-A, New No.44, Whites Road, Royapettah, Chennai-600014

...Petitioner

Vs.

1.The Commissioner, Greater Corporation of Chennai, Rippon Building, Chennai-600003.

2.The Assistant Commissioner, Greater Corporation of Chennai, Zonal Office-IX, Revenue Department, 4th Street, Lake Area, Chennai-600034.

...Respondents

Prayer:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to allow the petitioner to remove the materials which are kept in the premises at bearing Old No.28-A, New No.44, Whites road, Roayapettah, Chennai-600014 by the consideration of petitioner representation dated 26.03.2022.

For Petitioner : Mr.S.Arivazhagan For Respondent : Mr.P.T.Ramadevi Standing Counsel

O R D E R

Ms.P.T.Ramadevi, learned Standing Counsel accepts notice for the respondents and concedes to the position that there is substantial delay in considering representations of the petitioner dated 07.09.2021, requesting the respondents to remove lock and seal on the premises bearing Old Nos.28 and 28A, https://hcservices.ecourts.gov.in/hcservices/

New No.44, Whites Road, Royapettah, Chennai-14 (property in question).

2. The petitioner had earlier approached this Court in W.P.No. 20713 of 2021, seeking a mandamus to de-seal the premises in question considering representation dated 07.09.2021. A learned Single Judge of this Court had dismissed the writ petition observing that the official respondents shall hear the petitioner prior to disposal of representation dated 07.09.2021.

3. The Corporation was duly represented while passing the aforesaid order. Notwithstanding the same, no action has been taken thus far on the representation of the petitioner, constraining the petitioner to approach this Court, once again.

4. In light of the admitted delay, the respondents are directed to consider the representation of the petitioner dated 07.09.2021 and subsequent reminder dated 26.03.2022. For this purpose, the petitioner will appear before R2 on Monday, the 25th of April, 2022 at 10.30 a.m. Orders shall be passed within one week from 25.04.2022 after hearing the petitioner and in accordance with law. This writ petition is disposed as above. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ska/nst To 1.The Commissioner, Greater Corporation of Chennai, Rippon Building, Chennai-600003 2.The Assistant Commissioner, Greater Corporation of Chennai, Zonal Office-IX, Revenue Department, 4th Street, Lake Area, Chennai-600034.

+1cc to M/.P.T.Ramadevi, Advocate Sr.27737 +1cc to M/s.S.Arivazhagan, Advocate Sr.26842 W.P. No.9751 of 2022 jp-II[co] srg 22/04/2022 https://hcservices.ecourts.gov.in/hcservices/