S.Munirul Gutha Alias S.M.Gutha v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.05.2019

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR And THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.No.14485 of 2019 And W.M.P.No.14501 of 2019 S.Munirul Gutha alias S.M.Gutha ... Petitioner Vs.

1.The Executive Engineer, Zone 12 (Alandur) Corporation of Chennai 2.The Assistant Executive Engineer, Unit-36, Corporation of Chennai, 3.The Assistant Engineer (AE/DN), Division - 161, Corporation of Chennai, 4.The Secretary to Government Government of Tamil Nadu Housing and Urban Development Dept., Fort St.George, Chennai - 600 009.

... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondents not to proceed further pursuant to the lock and seal and demolition notice 06.04.2019 vide letter No.12/00031/2019, pending disposal of the statutory appeal dated 22.04.2019 on the file of the 4th respondent, the Secretary to Government (Housing and Urban Development Department at Chennai).

For Petitioner : M/s.S.Anuradha Balaji For Respondents: Mr.V.C.Selvasekaran for R1 to R3 Standing Counsel

Mr.P.S.Siva Shanmuga Sundaram Special Government Pleader for R4

O R D E R

(Order of the Court was delivered by N.SATHISH KUMAR,J.) The petitioner has filed the above writ petition praying for issuance of Writ of Mandamus directing the respondents not to proceed further pursuant to the lock and seal and demolition notice 06.04.2019 vide letter No.12/00031/2019, pending disposal of the statutory appeal dated 22.04.2019 on the file of the fourth respondent.

2. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents 1 to 3 and the learned Special Government Pleader for the fourth respondent. 3.Since the statutory appeal has already been filed before the fourth respondent, this Court without going into the merits of the case, directs the fourth respondent to dispose of the statutory appeal filed by the petitioner, within a period of three months from the date of receipt of a copy of this order. Till the disposal of the statutory appeal, there shall not be any coercive steps as against the petitioner.

4. With the above observation, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar pri/vsn To 1.The Executive Engineer, Zone 12 (Alandur) Corporation of Chennai

2.The Assistant Executive Engineer, Unit-36, Corporation of Chennai, 3.The Assistant Engineer (AE/DN), Division - 161, Corporation of Chennai, 4.The Secretary to Government Government of Tamil Nadu Housing and Urban Development Dept., Fort St.George, Chennai - 600 009.

+1cc to M/s.S.Anuradha Balaji , Advocate SR.No. 44350, +1 cc to Government Pleader Sr.No. 44717,4404 W.P.No.14485 of 2019 And W.M.P.No.14501 of 2019 ev (CO) A.SK(02/07/2019)