Madras High CourtWP/840/2011disposed of

A.Manoharan v. The Block Development Officer

2015-02-12Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.840/2011 & MP.No.1/2011 A.Manoharan ..

Petitioner

Versus

1.The Block Development Officer Cuddalore Panchayat Union Cuddalore, Cuddalore District.

2.The Panchayat President Pathirikuppam Village and Panchayat Cuddalore Panchayat Union, Cuddalore Taluk, Cuddalore District.

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the Panchayat President to remove the Lock and Seal made by him to the petitioner's premises bearing door No.91 Venkatesan Nagar, Koothapakkam, Cuddalore District.

For Petitioner :

Mr.D.Rajagopal For Respondents :

Mr.S.Gunasekaran, GA for R1 M/s.Shanthi Rakkappan for R2

ORDER

Heard Mr.D.Rajagopal, learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate appearing for the 1st respondent and M/s.Shanthi Rakkappan, learned counsel appearing for the 2nd respondent and perused the material available on record. 2.The petitioner has filed the present petition seeking direction upon the 2nd respondent to remove the lock and seal affixed on the petitioner's premises in door No.91 Venkatesan Nagar, Koothapakkam, Cuddalore District.

3.The petitioner was initially running a chicken stall in the said premises and on account of unhygienic condition, action was taken against the petitioner and pursuant to the direction issued by this Court in WP.No.11574/2009 and 7901/2009 dated 16.12.2009, the https://hcservices.ecourts.gov.in/hcservices/

petitioner's shop was sealed. Now the petitioner would state that he does not propose to run the chicken stall ; but proposes to demolish the shop and reconstruct the same to augment his income. 4.In the light of the stand taken by the petitioner, there cannot be any impediment for the 2nd respondent to remove the lock and seal.

5.Accordingly, the petitioner is directed to approach the 2nd respondent by way of representation undertaking that he does not propose to run the chicken stall in the said premises and also stating that he proposed to demolish the same. On such undertaking being given by the petitioner, the 2nd respondent is directed to unlock and unseal the premises within a period of six weeks from the date of receipt of the representation to be made by the petitioner. 6.The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Asst.Registrar /True Copy/ Sub Asst. Registrar AP To 1.The Block Development Officer Cuddalore Panchayat Union Cuddalore, Cuddalore District.

2.The Panchayat President Pathirikuppam Village and Panchayat Cuddalore Panchayat Union, Cuddalore Taluk, Cuddalore District.

+1 CC to Mr.D.Rajagopal, Advocate SR 7829 WP.No.840/2011 & MP.1/2011 MSM(CO) PKS 21/02/2015 https://hcservices.ecourts.gov.in/hcservices/