P.Saroja v. Chennai Metropolitan Development Authority,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2019
CORAM
THE HON'BLE MR. JUSTICE M. SUNDAR W.P.Nos.11211 and 11218 of 2019 and W.M.P.Nos.11596 and 11592 of 2019 P.Saroja ..Petitioner in W.P.No.11211 of 2019 P.Arunkumar ..Petitioner in W.P.No.11218 of 2019 vs
1. Chennai Metropolitan Development Authority, rep.by its Member Secretary Thalamuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
2. The Greater Chennai Corporation rep.by its Commissioner, Ripon Building Chennai-600 003.
3. TASMAC Limited rep.by its District Manager, Chennai(Central) District, No.B-4, Ambattur Industrial Estate, Ambattur, Chennai-600 058.
..Respondents in both W.Ps 4.Thiru.P.Arunkumar ..4th Respondent in W.P.No.11211 of 2019 4.P.Saroja ..4th Respondent in W.P.No.11218 of 2019 Prayer in W.P.No.11211 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to consider the representation dated 22.03.2019 of the petitioner and to permit the 4th respondent, the tenant in the building at No.190, Jawaharlal Nehru Road, Arumbakkam, Chennai-600 106 to continue in occupation of the tenanted premises.
Prayer in W.P.No.11218 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 22.03.2019 and not to take any action for eviction of the petitioner from the buildings or cancellation of the license issued to him for running the TASMAC Outlet No.463 at No.190, Jawaharlal Nehru Road, Arumbakkam, Chennai 600 106.
For Petitioners (in both W.Ps) : Mr.V.Jayaprakash for Mr.R.Balachanderan For Respondent (in both W.Ps) : Mr.Prashanth for Mr.Karthick Rajan for R1 Mr.T.C.Gopalakrishnan for R2 Mr.S.Kousik for Mr.K.Sathishkumar, standing counsel for R3 No appearance for R4 C O M M O N O R D E R Mr.V.Jayaprakash representing Mr.r.Balachanderan, learned counsel on record for writ petitioners, Mr.Prashanth for 1st respondent, Mr.T.C.Gopalakrishnan for 2nd respondent and Mr.s.Kousik representing Mr.K.Sathish Kumar, Standing counsel for 3rd respondent are before this Court.
2. Notwithstanding the averments and grounds in the affidavits filed in support of these two writ petitions, in the hearing today, learned counsel for the writ petitioners in each of these writ petitions abridged / restricted the prayer and submitted that it will suffice if the 3rd respondent (to be precise, District Manager of Tamil Nadu State Marketing Corporation Limited (TASMAC) at Ambattur Industrial Estate, Chennai 600 058) is mandamused and directed to dispose of two representations both dated 22.03.2019 made by each of the writ petitioners.
3. Considering the limited prayer that is now being made, Mr.S.Kousik for Mr.K.Sathishkumar, learned standing counsel for 3rd respondent submits that the 3rd respondent will dispose of the aforementioned representations of the writ petitioners in a manner known to law within 8 weeks from the date of receipt of a copy of this order.
4. This douses the anxiety and complaint of the writ petitioners as abridged in both writ petitions. In the light of the narrative thus far and in the light of the trejactory which the hearing has taken today, this Court refrains from embarking upon the exercise of setting out the factual matrix. This Court also does not express any opinion or views on the merits of the matter.
5. These two writ petitions are disposed of recording the submission of the standing counsel for 3rd respondent i.e., District Manager of Tamil Nadu State Marketing Corporation Limited that 3rd respondent shall dispose of the two representations both dated 23.02.2019 from each of the writ petitioners in these writ petitions, in a manner known to law within 8 weeks from the date of receipt of a copy of this order.
6. The proceedings disposing of the writ petitions shall be communicated to the respective writ petitioners under due acknowledgment within 10 working days from the date of disposal.
7. These two writ petitions are disposed of with above directions. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar sk To
1. The Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
2. The Commissioner, The Greater Chennai Corporation Ripon Building Chennai-600 003.
3. The District Manager, TASMAC Limited Chennai(Central) District, No.B-4, Ambattur Industrial Estate, Ambattur, Chennai-600 058.
Copy to:(RPAD) 1) P.Saroja, W/o.K.Perumal, No.63/190, 100 feet Road, Arumbakkam, Chennai - 600 106 2) P.Arunkumar, S/o.Mr.K.Perumal, No.177/228, Ashok Nagar, Arumbakkam, Chennai - 600 106 +1 cc to M/s.R.Balachanderan, Advocate, S.R.No.54763 +1 cc to M/s.K.Sathish Kumar, Advocate, S.R.No.54413 +1 cc to M/s.T.C.Gopalakrishnan, Advocate, S.R.No.54589 W.P.Nos.11211 and 11218 of 2019 CP(CO) SSM(23/07/2019)