Prakash Chand v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P. No. 26646 of 2015 Prakash Chand .... Petitioner vs.
1 The Executive Engineer, Zonal Office VI, Corporation of Chennai, No. 5 Anderson Street, Ayanavaram, Chennai-600 023.
2 The Assistant Executive Engineer, U-17 Zonal Office VI, Corporation of Chennai, No.5 Anderson Street, Ayanavaram, Chennai-600 023.
3 The Assistant Engineer, (AE/DN) Division-78, Zonal Office VI, Corporation of Chennai, No.5 Anderson Street, Ayanavaram, Chennai-600 023.
4 The Secretary to Government Housing and Urban Development Dept., Secretariat, Chennai-9.
5 Mr.Shanthilal M Jain 6 Mr.Lalith Kumar S Jain Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus forbearing the respondents 1 to 3 from giving effect to the De-Occupation Notice under Form I Sec 56 vide Notice No.1063/2015, dated 4.8.2015, issued by the 1st to 3rd respondents during the pendency of the Appeal dated 17.8.2015 filed by the petitioner before the 4th respondent.
For petitioner : Mr. D.Senthilkumar For respondents : Mr. V.C.Selvasekaran - R1 to R3 Mrs. A. Srijayanthi Spl. Govt. Pleader - R4
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. V.C. Selvasekaran, learned counsel accepts notice for the respondents 1 to 3. Mrs. A. Srijayanthi, learned Special Government Pleader accepts notice for the fouth respondent. With the consent of the learned counsel for the petitioner and the learned counsel for the respondents 1 to 3 and also the learned Special Government Pleader appearing for the fourth respondent, the writ petition is taken up for final disposal, at the admission stage itself.
This writ petition is filed seeking a writ of mandamus forbearing the respondents 1 to 3 from giving effect to the DeOccupation notice dated 4.8.2015, issued by the 1st to 3rd respondents during the pendency of the Appeal dated 17.8.2015 filed by the petitioner before the 4th respondent.
At this stage, it is better to point out certain provisions of law under which an appeal is to be decided. The second proviso to Section 80-A of the Act prescribes that the application for revision/appeal filed under Section 80-A of the Act shall be disposed of by the Government within 90 days from the date of receipt of the application. Grant of 90 days time to dispose of the appeal is certainly with some object, perhaps, to obtain views of the authorities and also to provide an opportunity of hearing to all the parties concerned. In that process, 90 days time may be required to render justice between the parties.
Now, the petitioner has come up with the instant writ petition within 6 days from the date of preferring the appeal, seeking a mandamus which is normally issued against an authority for non-action or inaction or against wrong action. Certainly, this is not a case where issue of non-action, wrong action or inaction has arisen, as, the Appellate Authority has not been given an opportunity to take action, within the reasonable time. Thus, this writ petition for issuance of a writ of mandamus is not maintainable, at this stage. We deprecate this practice of rushing to the Writ Court invoking the extra-ordinary jurisdiction of the High Court under Article 226 of the Constitution of India, without waiting for a decision within the prescribed statutory period. This practice is tantamount to abuse of judicial process.
It is also brought to our notice that an application for interim relief has also been filed under Section 80-A(3) of the Act. We expect that the authorities will consider the application for interim relief, at the earliest, preferably within a period of two weeks, whenever an application for interim relief is filed along with the memorandum of appeal.
In view of the foregoing, status quo, in respect of the property in question, as obtained today, shall be maintained for a period of two weeks from today.
8 The writ petition stands disposed of, with the above observation. No costs. Connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ra To 1 The Executive Engineer, Zonal Office VI, Corporation of Chennai, No. 5 Anderson Street, Ayanavaram, Chennai-600 023.
2 The Assistant Executive Engineer, U-17 Zonal Office VI, Corporation of Chennai, No.5 Anderson Street, Ayanavaram, Chennai-600 023.
3 The Assistant Engineer, (AE/DN) Division-78, Zonal Office VI, Corporation of Chennai, No.5 Anderson Street, Ayanavaram, Chennai-600 023.
4 The Secretary to Government Housing and Urban Development Dept., Secretariat, Chennai-9.
+1 cc to Govt.Pleader, sr.45840 +2 ccs to Mr.D.Senthilkumar, Advocate, sr.45891 W.P. No.26646 of 2015 kji co kra 10/09