Ms.Kasturi v. The Government Of Tamil Nadu

2024:MHC:3042

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2024

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR Kasturi : Petitioner versus 1.The Government of Tamil Nadu, rep. By its Secretary, Housing and Urban Development Department, Fort St.George, Chennai 9 2.The Regional Deputy Commissioner, Zone VIII, Greater Chennai Corporation, 3.The Executive Engineer, Zone VIII, Greater Chennai Corporation, 4.The Assistant Executive Engineer, Unit 22, Old Division 100, New Division 103, 5.Geetha Devadas : Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing respondents 2 to 4 to take further enforcement action of lock and sealing of the building belonging to the 5th respondent pursuant to the notice of

de-occupation dated 12.05.2016 within a time-frame as fixed by this Court based on the representation of the petitioner dated 13.03.2024. For the Petitioner :

Mr.V.C.Selvasekaran For the Respondents :

Mr.R.Gokul Krishnan, Additional Government Pleader, for the first respondent Mr.D.B.R.Prabhu, Standing Counsel, for respondents 2 to 4 Mr.S.Santhan, for the fifth respondent

ORDER

(Made by S.S.SUNDAR, J.) The petitioner seeks directions against the official respondents to take action against the fifth respondent pursuant to the de-occupation notice dated 12.05.2016.

2. This court has already disposed of the writ petition filed by the fifth respondent. The parties have no objection if this writ petition is also disposed of by directing respondents 2 to 4 to initiate action of locking and sealing or any other measure, as against the building put-up by the fifth respondent, if it is unauthorised.

3. Respondents 1 to 4 are therefore directed to consider the representation of the petitioner dated 13.03.2024 and pass appropriate orders, on merits, within a period of sixteen weeks from the date of receipt of a copy of this order. Based on the decision taken, action shall be taken by the first respondent, after affording opportunity to the petitioner as well as the fifth respondent.

4. The writ petition stands disposed of. There will be no order as to costs. (S.S.S.R., J.) (N.S., J.) 26.07.2024 Index : Yes/No : Yes/No tar To 1.The Secretary, Housing and Urban Development Department, Fort St.George, Chennai 9 2.The Regional Deputy Commissioner, Zone VIII, Greater Chennai Corporation, 3.The Executive Engineer, Zone VIII, Greater Chennai Corporation,

S.S.SUNDAR, J.

AND N.SENTHILKUMAR, J.

(tar) 4.The Assistant Executive Engineer, Unit 22, Old Division 100, New Division 103, 26.07.2024