R.Ganapany v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.13940 of 2019 R.Ganapathy .. Petitioner Vs 1 The Secretary to Government Housing and Urban Development Department Fort St. George, Chennai - 600 009.

2 The Secretary to Government Municipal Administration Department Fort St. George, Chennai - 600 009.

3 The Commissioner Pammal Municipality Pammal, Chennai - 600 075.

.. Respondents PRAYER:

Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 1st respondent to dispose of the petitioner's appeal dated 11.03.2019.

For Petitioner : Mr.M.Bharath For Respondents : Mr.S.N.Parthasarathy Government Advocate for respondents 1 and 2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.M.Bharath, learned counsel for the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate for respondents 1 and 2.

2. The case of the petitioner is that he received https://hcservices.ecourts.gov.in/hcservices/

demolition notice dated 15.2.2019, which relates to property situated at Door No.25, Check Post Street, Rajiv Gandhi Nagar, Pammal, Tambaram, Chennai - 600 075. The further case of the petitioner is that being aggrieved by the said notice, the petitioner preferred an appeal to the first respondent on 11.3.2019. He has also preferred an application for stay in the said appeal. The grievance of the petitioner is that though the appeal and the stay application were filed on 11.3.2019, the authority concerned has not yet taken any steps thereon. Hence, he apprehends that in the meanwhile the premises will be demolished.

3. In view of the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner in this writ petition, without expressing any opinion with regard to the merits of the case, we direct the first respondent, who is the authority concerned, to dispose of the stay application within two weeks from the date of receipt of a copy of this order and the appeal to be disposed of within four months.

With this observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sasi To:

1 The Secretary to Government Housing and Urban Development Department Fort St. George, Chennai - 600 009.

2 The Secretary to Government Municipal Administration Department Fort St. George, Chennai - 600 009.

3 The Commissioner Pammal Municipality, Pammal, Chennai - 600 075. +1cc to Mr.M.Bharath, Advocate, S.R.No.44535 +1cc to the Government Pleader, S.R.No.44698 W.P.No.13940 of 2019 RSI(CO) CS/05/07/2019 https://hcservices.ecourts.gov.in/hcservices/