Madras High CourtWP/16988/2019disposed of

B.Shanmuga Vadivelu v. The State Rep. By Its Secretary To Government,

2019-06-24Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.16988 of 2019 B.Shanmuga Vadivelu .. Petitioner Vs.

1. The State, Rep. by its Secretary to Government Housing and Urban Development Department Fort St. George Chennai - 9.

2 The Executive Engineer and Administrative Officer Cum Competent Authority Tamil Nadu Housing Board K.K.Nagar Division Anna Nagar 2nd Avenue Chennai - 600040.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus forbearing the second respondent from taking possession of the property in Survey No.141/1A and 142/6A admeasuring to an extent of 2400 sq. ft. in Plot No.60, 6th Cross Street, Om Shakthi Nagar, Valasaravakkam, Chennai-600 087 without providing an opportunity and following due process of law. For Petitioners : Mr.S.Diwakar For Respondents : Mr.S.N.Parthasarathy Government Advocate for 1st respondent Mr.M.Baskar for 2nd respondent

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner has filed the above writ petition to issue writ of mandamus forbearing the second respondent https://hcservices.ecourts.gov.in/hcservices/

from taking possession of the property in Survey No.141/1A and 142/6A, admeasuring an extent of 2400 sq. ft. in Plot No.60, 6th Cross Street, Om Shakthi Nagar, Valasaravakkam, Chennai - 600 087, without providing an opportunity and following due process of law.

2. The learned counsel appearing for the petitioner submitted that the second respondent is threatening to evict the petitioner from the property in question without issuing any notice to the petitioner.

3. The learned counsel appearing for the second respondent submitted that the petitioner would be evicted from the property only after following due process of law.

4. In view of the submissions made by the learned counsel appearing on either side, we make it clear that the petitioner can be evicted by the second respondent only after issuing notice and taking steps as contemplated under law.

5. With these observations, the writ petition is disposed of. No costs. Consequently, W.M.P.No.16551 of 2019 is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To:

1. The Secretary to Government of Tamil Nadu, Housing and Urban Development Department Fort St. George, Chennai - 9.

2. The Executive Engineer and Administrative Officer Cum Competent Authority Tamil Nadu Housing Board K.K.Nagar Division Anna Nagar 2nd Avenue, Chennai - 600040.

+1cc to Mr.S.Diwakar, Advocate, S.R.No.51511 +1cc to the Government Pleader, S.R.No.52371 +1cc to Mr.M.Baskar, Advocate, S.R.No.51587 W.P.No.16988 of 2019 PM(CO) RRS(26/07/2019) https://hcservices.ecourts.gov.in/hcservices/