R.Alamelumangathayar v. The Principal Secretary To Government,

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.Nos.17260, 17265, 17267, 17269 and 17270 of 2019 R.Alamelumangathayar .. Petitioner in W.P.No.17260/2019 G.Yogalakshmi Narasimham, rep. by its Power Agent G.Venkatesaaperumal, No.24, Chinna Thambi Mudali Street, Sowcarpet, Chennai-600 079.

.. Petitioner in W.P.No.17265/2019 G.Raju .. Petitioner in W.P.No.17267/2019 G.Venkata Sathya Sairam, rep. by its Power Agent G.Venkatesaaperumal, No.24, Chinna Thambi Mudali Street, Sowcarpet, Chennai-600 079.

.. Petitioner in W.P.No.17269/2019 J.Joseph .. Petitioner in W.P.No.17270/2019 Vs.

1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Municipal Administration and Water Supply (MA 1) Department, Chepauk, Chennai - 600 005.

3.The District Collector, Udhagamandalam, Nilgiris.

4.The Commissioner, Udagamandalam Municipality, Udagamandalam, The Nilgiris District.

.. Respondents in all WPs.

W.P.No.17260 of 2019 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to consider the petitioner representation dated 14.05.2019 and de-seal the premises at Plot No.57, Pudunagar, Udagamandalam.

W.P.No.17265 of 2019 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to consider the petitioner representation dated 14.05.2019 and de-seal the premises at Plot No.59, Pudunagar, Udagamandalam.

W.P.No.17267 of 2019 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to consider the petitioner representation dated 14.05.2019 and de-seal the premises at Plot No.45, Pudunagar, Udagamandalam.

W.P.No.17269 of 2019 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to consider the petitioner representation dated 14.05.2019 and de-seal the premises at Plot No.58, Pudunagar, Udagamandalam.

W.P.No.17270 of 2019 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to consider the petitioner representation dated 14.05.2019 and de-seal the premises at Plot No.48, Pudunagar, Udagamandalam.

For Petitioners in all WPs : Mr.K.Shyam Sunder For Respondents in all WPs : Mr.V.Jayaprakash Narayanan Government Pleader (i/c) for respondent Nos.1 to 3 Mr.P.Srinivas for respondent No.4

COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.K.Shyam Sunder, learned counsel for the petitioner; Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c) for respondent Nos.1 to 3 and Mr.P.Srinivas, learned counsel for respondent No.4.

2. The case of the petitioners is that they are the owners of the premises situated at Plot Nos.57, 59, 45, 58 and 48 respectively in Pudunagar, Udagamandalam. By an order dated 09.11.2018, the premises were sealed by the fourth respondent Municipality.

3. The learned counsel for the petitioners states that the petitioners have preferred representations dated 28.11.2018 to the fourth respondent for de-sealing their premises. The learned counsel further states that thereafter, the petitioners have also preferred representations to the other official respondents i.e., the District Collector, Udhagamandalam and the Commissioner, Udagamandalam Municipality.

4. The learned Government Pleader (i/c) as well as the learned counsel for the fourth respondent state that the proper and correct authority to decide the representations of the petitioners is respondent No.4.

5. The learned counsel for the fourth respondent states that the representations of the petitioners will be considered within a period of six weeks from the date of receipt of a copy of this order.

6. In view of the statement made by the learned counsel for the fourth respondent, no further orders are required in these writ petitions and the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar bbr

To:

1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Municipal and Water Supply (MA 1) Department, Chepauk, Chennai - 600 005.

3.The District Collector, Udhagamandalam, Nilgiris.

4.The Commissioner, Udagamandalam Municipality, Udagamandalam, The Nilgiris District.

+1 cc to Mr.P.Srinivas, Advocate, Sr.No. 51999 +5 cc to Mr.K.Shyam Sundar, Advocate, Sr.Nos.51849 to 51853 +1 cc to The Government Pleader, Sr.No. 52360 W.P.Nos.17260, 17265, 17267, 17269 and 17270 of 2019 CSL/03.07.2019