P. Tamilmani, v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K. SASIDHARAN W.P. No.25531 of 2015 P. Tamilmani Petitioner Vs.

The Secretary to the Government Housing and Urban Development Department Fort St. George, Chennai 600 009 The Commissioner Chennai Corporation Ripon Buildings Chennai 600 003 The Executive Engineer (Enforcement Region-Central) Corporation of Chennai - Central Shenoy Nagar Chennai 600 030 G. Narayana Babu Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 2 and 3 to remove the lock and seal put on premises bearing Door No.3, Block No.334, Galaxy Apartments, I Floor, II Avenue, Anna Nagar, Chennai - 40 and permit the petitioner to remove all his articles, documents, computer, furniture, etc. For petitioner Mr. P. Premkumar For R1 Mr. N. Sakthivel Government Advocate For RR 2 & 3 Mr. V.C. Selvasekaran Standing Counsel

ORDER

(made by SATISH K. AGNIHOTRI, J.) Mr. N. Sakthivel, learned Government Advocate, accepts notice for the first respondent. Mr. V.C. Selvasekaran, learned Standing Counsel, accepts notice for respondents 2 and 3. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.

This writ petition is filed seeking a writ of mandamus directing the respondents 2 and 3 to remove the lock and seal put on the premises bearing Door No.3, Block No.334, Galaxy Apartments, I Floor, II Avenue, Anna Nagar, Chennai - 40 and permit the petitioner to remove all his articles, documents, computer, furniture, etc. from the said premises. The learned counsel for the petitioner submits that the premises in question was occupied by the petitioner as a tenant. The said property has been locked and sealed on account of certain deviations committed by its owner. Thus, the petitioner be permitted to make an application to the officer concerned, i.e., the Regional Joint Commissioner, Zone-8, Corporation of Chennai, seeking permission to remove chattels lying in the said premises.

Mr. V.C. Selvasekaran, learned Standing Counsel for Chennai Corporation submits that if an application of such nature is made by the petitioner, the petitioner shall be permitted to remove his chattels within a period of one week from the date of receipt of such an application and after removal of his chattels, the property shall be locked and sealed again to follow the due process of law.

In view of the above submission made by the learned Standing Counsel for Chennai Corporation, it is ordered. The writ petition stands disposed of with the above observations. Costs made easy.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad

To The Secretary to the Government Housing and Urban Development Department Fort St. George Chennai 600 009 The Commissioner Chennai Corporation Ripon Buildings Chennai 600 003 The Executive Engineer (Enforcement Region-Central) Corporation of Chennai - Central Shenoy Nagar Chennai 600 030.

+ 1 cc to Mr. P. Premkumar, Advocate SR.43080 + 1 cc to Government Pleader Sr.35577 W.P. No.25531 of 2015 NM(CO) Eu 21.08.15