K.Thanigai Arul v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.18674 of 2023 and WMP No.17921 and 17922 of 2023
1. K.Thanigai Arul
2. P.Pugazhendhi
3. A.Paramasivam
4. K.Saravanan
5. K.Ravi
6. K.Kannikumar
7. S.Ezhilkumar
8. T.V.Raja
9. M.Usha
10. R.Ramesh Babu
11. M.Jaffarullah
12. R.Ramesh
13. C.Dinakaran
14. J.Chandra
15. M.Rajendran Petitioners vs.
1. The Secretary to Government, Municipal Administration, Water Supply Department, Fort St. George, Chennai 600 009
2. The Municipal Commissioner, Tirupatthur Municipality, Tirupatthur - 635 601 ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issue of writ of Mandamus directing the 1st Respondent to dispose the Appeals filed on 22.05.2023 respectively before the 1st Respondent within a period of time that may be fixed by this Court. For Petitioner : Mrs.D.Kamatchi For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader
O R D E R
This writ petition has been filed for a direction to the 1st respondent to dispose of the appeals filed by the petitioners within the time frame fixed by this Court.
2.
Heard Mrs.D.Kamatchi, learned counsel for the petitioners and Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing on behalf of the respondents. 3.
The petitioners were aggrieved by the rents fixed by the 2nd respondent and hence, 17 appeals were filed by the petitioners before the 1st respondent. The grievance of the petitioner is that the appeals are pending and no steps have been taken to dispose of the same and in the meantime, the 2nd respondent municipality is taking coercive steps.
4.
Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the 1st respondent to dispose of the appeals filed by the petitioners on its own merits and in accordance with law and pass final orders within a period of four weeks from the date of receipt of a copy of this order. It is made clear that the petitioners will continue to pay the existing rent without default till final orders are passed in the
appeals by the 1st respondent and in such an event, the 2nd respondent can await the orders of the 1st respondent before taking any coercive action.
5.
This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.
27.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To
1. The Secretary to Government, Municipal Administration, Water Supply Department, Fort St. George, Chennai 600 009
2. The Municipal Commissioner, Tirupatthur Municipality, Tirupatthur - 635 601
N. ANAND VENKATESH, J.
rka W.P No.18674 of 2023 and WMP No.17921 and 17922 of 2023 27.06.2023