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Madras High CourtWP/26057/2015disposed of

P.V.Mathew v. The Executive Director Retail,

2015-08-21Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2015

CORAM:

THE HON'BLE MR. JUSTICE R. MAHADEVAN W.P.No.26057 of 2015 and M.P.No.1 of 2015 1 P.V.Mathew 2 Aleyamma Mathew 3 Varghese Mathew 4 Deny Varghese [ Petitioners ] Vs 1 The Executive Director Retail S.V.Marg Ballard Estate Mumbai-400 001.

2 The Chief Regional Manager Chennai Retail Regional Office PETRO BHAVAN 2nd Floor New No.82 T.T.K. Road Alwarpet Chennai-18.

[ Respondents] Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 1st respondent to dispose of the petitioners appeal dated 11.7.2015. For petitioners :

Mr.David Tyagaraj For respondents :

Mr.K.T.Sankar Subramanian for M/s King & Patridge

O R D E R

Heard the learned counsel for the petitioners and the learned counsel Mr.K.T.Sankar Subramanian for M/s King & Patridge, who took notice for the respondents and with their consent, the main writ petition itself is taken up for hearing.

2. This writ petition has been filed seeking a direction to the 1st respondent to dispose of the petitioners' appeal dated 11.7.2015.

3. Pursuant to the orders passed in W.P.No.19794 of 2015 dated 06.07.2015 to dispose of the representations of the petitioners dated 27.02.2015 and 11.06.2015 for vacating the bunk and handover the property to the petitioners, since the property in question purchased by the petitioners was leased out in favour of Hindustan Petroleum Corporation Limited which expired long ago, a reply was given by the 2nd respondent on 07.07.2015 instructing the petitioner to file an appeal within 30 days to the 1st respondent. Accordingly, the petitioners have preferred an appeal on 11.07.2015, setting out their grievances. Since the same has not yet been disposed of, the petitioners are before this Court.

4. The limited prayer of the petitioners is to dispose of the appeal said to have been filed on 11.07.2015 within a time frame.

5. Mr.K.T.Sankar Subramanian, learned counsel appearing for the respondents submitted that the appeal filed on 11.07.2015 would be considered within the time stipulated by this Court.

6. Hence, the 1st respondent is directed to consider and pass orders on the appeal filed by the petitioner on 11.07.2015, on merits and in accordance with law, after affording due opportunity to the petitioner. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rg To 1 The Executive Director Retail S.V.Marg Ballard Estate Mumbai-400 001.

2 The Chief Regional Manager Chennai Retail Regional Office PETRO BHAVAN 2nd Floor New No.82 T.T.K. Road Alwarpet Chennai-18.

1 CC to Mr.David Tyagaraj, Advocate SR.No. 44526 1 CC to M/s King & Patridge, Advocate SR.No. 44529 W.P.No.26057 of 2015 KU (CO) PSI (09.09.2015)