The Triangles v. The Principal Secretary/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2021 CORAM :

THE HON'BLE MR.JUSTICE N.KIRUBAKARAN and THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.16273 of 2021 The Triangles, Represented by its Co-partner, C.Balamurugan, No.T-23A, 7th Avenue, Besant Nagar, Chennai - 600 090.

... Petitioner Vs 1.The Principal Secretary / the Commissioner, Rippon Building, Chennai - 600 003.

2.The Executive Engineer, Zone-XIII, 115, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance a Writ of Mandamus, directing the respondents to consider the Petitioner's representation dated 25.11.2020 and 12.03.2021. For Petitioner : Mr.P.G.Kumaraguru For Respondents : Mr.K.Raja shrinivas, (for Corporation) Standing Counsel.

O R D E R

(Order of the Court was delivered by N.KIRUBAKARAN, J) The matter has been heard through "Video Conference". 2.The Petitioner is a lessee of the land and building bearing No.T-23A, 7th Avenue, Besant Nagar, Chennai - 600 090 which has been used for commercial business in the name and

style of "M/s.The Triangles". The Petitioner made interior decoration for the said premises for a sum of Rs.30,00,000/- and paid Rs.6,00,000/- for lease and monthly rent of Rs.65,000/- was paid and the same was subsequently, increased to Rs.75,000/-. 3.When the Petitioner was carrying on business, deoccupation notice dated 28.02.2020 has been issued by the Respondents. Therefore, the Petitioner made representation on 12.03.2021 seeking time to vacate the premises. Since the Lock and Seal notice was already effected on 23.11.2020, the articles and belongings of the Petitioner are inside the premises and therefore, he seeks permission to open the premises for the purpose of taking out all the belongings and articles. 4.Heard Mr.P.G.Kumaraguru, Learned Counsel for the Petitioner and Mr.K.Raja Shrinivas, Learned Standing Counsel appearing for the Respondents.

5.It is seen that the Petitioner has been carrying on business and he has been storing and displaying the articles for sale and because of the lock and seal, all the articles kept inside the premises, cannot be removed and there is a likelihood of damage of the said articles. Therefore, interest of justice requires and hence, a direction is issued to the Second Respondent to keep open the premises for ten days for the purpose of vacating the premises and removing the articles by the Petitioner, from 09.08.2021 to 19.08.2021 and thereafter, the Respondents shall seal the premises.

6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ay To 1.The Principal Secretary / the Commissioner, Rippon Building, Chennai - 600 003.

2.The Executive Engineer, Zone-XIII, 115, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.

+1cc to M/s.K.Rajashrinivas, Advocate Sr.38915 +2cc to M/s.P.G.Kumaraguru, Advocate Sr.38268 W.P.No.16273 of 2021 rsv[co] srg 10/08/2021