S.Srinivasan v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2021

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.12799 of 2021 S.Srinivasan ..

Petitioner vs.

1. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.

2. The Chief Administrative Officer, Koyambedu Marketing Committee, Koyambedu, Chennai.

3. Mr.J.Vincent.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to dispose of the appeal dated 19.01.2021 preferred by the petitioner against the order dated 04.01.2021 in proceeding Order No.Aa nee ku/aa1/430/2007, pending on the file of the 1st respondent within a time frame. For Petitioner : Mr.G.Senthilkumar For Respondents : Mr.S.Thiruvengadam for R1 Mr.R.Natarajan for R3

O R D E R

The petitioner, challenging the order passed by the second respondent dated 04.01.2021 in Proceedings No.Aa nee Ku/aa1/430/2007, preferred an appeal dated 19.01.2021 before the first respondent and so far no orders are passed in the appeal and therefore, came forward with this writ petition.

2. Mr.S.Thiruvengadam, learned Standing Counsel, who takes notice for the first respondent would submit that the first respondent would consider the appeal preferred by the petitioner on merits and orders will be passed soon.

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3. Mr.R.Natarajan, learned counsel appearing for the third respondent would submit that the third respondent has also filed an appeal before the first respondent/Appellate Authority and he would further add that both the appeals are clubbed together and posted for enquiry on 23.06.2021 and the third respondent would also cooperate with the enquiry.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Considering the above facts and circumstances, this Court directs the first respondent to consider the appeal preferred by the petitioner dated 19.01.2021 as well as the appeal preferred by the third respondent on its own merits and in accordance with law and pass orders as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order, after providing opportunity to the petitioner as well as the third respondent. It is made clear that the petitioner as well as the third respondent shall cooperative with the enquiry before the first respondent/Appellate Authority.

6. This Writ Petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Jvm To

1. The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.

2. The Chief Administrative Officer, Koyambedu Marketing Committee, Koyambedu, Chennai.

+1cc to Mr.G.Senthilkumar, Advocate, S.R.No.28410 +1cc to the Government Pleader, S.R.No.28435 W.P.No.12799 of 2021 RLD(CO) CT(28/07/2021) https://hcservices.ecourts.gov.in/hcservices/