Surana Tyres v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.Nos.20695, 20713 & 20718 of 2021

1. Surana Tyres ... Petitioner in W.P.No.20695 of 2021

2. Sri Mahaveer Tyres ... Petitioner in W.P.No.20713 of 2021

3. Deepak Tyres ... Petitioner in W.P.No.20718 of 2021 Vs.

1. The Commissioner, Greater Corporation of Chennai, Rippon Building, Chennai - 600 003.

2. The Assistant Commissioner, Greater Corporation of Chennai, Zonal Office - IX, Revenue Department, 4th Street, Lake Area, Chennai - 600 034.

3. A/m. Sri Rathina Vinayagar & Sri Durgai Amman Thirukoil, Represented by its Executive Officer, No.49, Whites Road, Royapettah, Chennai - 600 0140 ... Respondents in all W.Ps Prayer: Petitions filed under Article 226 of the Constitution of India to issue Writs of Mandamus directing the respondents to remove the lock and seal on the premises at bearing Old Nos.28(W.P.Nos.20695 and 20718 of 2021) and 28A(W.P.No.20713 of 2021), New No.44 Whites Road, Royapettah, Chennai - 600 014 by the consideration of the petitioner's representations dated 07.09.2021.

For Petitioners : Mr.S.Arivazhagan(in all W.Ps.) For R1 & R2 : Ms.S.Vaitheeswari (in all W.Ps.) Standing Counsel For R3 : M/s.A.S.Kailasam Associates (in all W.Ps.) COMMON ORDER (through video conferencing) These writ petitions have been filed for direction directing the respondents to remove the lock and seal in respect of the premises bearing Old Nos.28 and 28A, New No.44, Whites Road, Royapettah, Chennai - 600 014 considering the petitioners' representations dated 07.09.2021.

2. Heard learned counsel for both sides.

3. It is noted that the petitioners have sent representations dated 07.09.2021 and has immediately filed these writ petitions on 09.09.2021 without giving any time for the respondents to respond to the aforesaid representations dated 07.09.2021.

4. Considering the same, these writ petitions are liable to be dismissed as premature, as the respondents have not been given sufficient time even to peruse the representations dated 07.09.2021 of the petitioners or respond to the aforesaid representations. While dismissing these writ petitions, a direction is given to consider the representations of the petitioners and pass appropriate orders on merits within a period of thirty(30) days from the date of receipt of a copy of this order.

5.The official respondent shall hear the petitioners before disposing and passing orders on the representations of the petitioners dated 07.09.2021.

6. These writ petitions are dismissed with the above observations. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR rgm/Maya To

1. The Commissioner, The Greater Corporation of Chennai, Rippon Building, Chennai - 600 003.

2. The Assistant Commissioner, Greater Corporation of Chennai, Zonal Office - IX, Revenue Department, 4th Street, Lake Area, Chennai - 600 034.

+1cc to M/s.A.S.Kailasam & Associates, Advocate Sr.62307 3cc to M/s.S.Arivazhagan, Advocate Sr.61749 to 61751 W.P.Nos.20695, 20713 & 20718 of 2021 rsi[co] srg 21/12/2021