V.Amudha v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26/8/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K. SASIDHARAN W.P. No.26236 of 2015 V. Amudha ...
Petitioner Vs
1. The Secretary to the Government Housing and Urban Development Department Fort St. George Chennai 600 009.
2. The Commissioner Chennai Corporation Rippon Building Chennai 3.
3. The Assistant Area Engineer Corporation of Chennai Shenoy Nagar Circle Chennai 30.
4. V. Elliot Illone Samson ...
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second and third respondents to remove the lock and seal put on premises bearing Door No.5, Block No.334, Galaxy Apartments, Second Floor, II Avenue, Anna Nagar, Chennai - 40 and permit the petitioner to remove all her articles, documents, computer, furniture, Air-conditioner, etc. For petitioner ...
Mr. P. Premkumar For respondents ... Mr.P.S.Sivashanmugasundaram Spl.G.P for R.1.
Mr.V.C.Selvasekaran for R.R.2 and 3.
O R D E R
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the first respondent. Mr. V.C. Selvasekaran, learned Standing Counsel, accepts notice for the 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.5, Block No.334, Galaxy Apartments, II Floor, II Avenue, Anna Nagar, Chennai - 40 and permit the petitioner to remove all her articles, documents, computer, furniture, air conditioner, 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 Assistant Area Engineer, 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 her chattels within a period of one week from the date of receipt of such an application and after removal of her 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 mvs.
To
1. The Secretary to the Government Housing and Urban Development Department Fort St. George Chennai 600 009.
2. The Commissioner Chennai Corporation Rippon Building Chennai 3.
3. The Assistant Area Engineer Corporation of Chennai Shenoy Nagar Circle Chennai 30.
W.P. No.26236 of 2015 bvr(co) pmk.27.8.2015