Madras High CourtWP/28497/2021disposed of

T.N.Janani v. The Commissioner,

2022-02-09Honourable Mr Justice T.Raja,Honourable Mr Justice Sathi Kumar Sukumara Kurup3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.Nos.28497 & 28503 of 2021 and W.M.P. Nos. 30095 to 30097, 30111, 30114 and 30115 of 2021 T.N.Janani

...Petitioner in W.P. No.28497 of 2021

R.Jayanthi

...Petitioner in W.P. No.28503 of 2021

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

2. The Executive Engineer, Zone-14, Greater Chennai Corporation, Puzhuthivakkam, Chennai - 600 091.

3. The Assistant Engineer, Greater Chennai Corporation, Division-88, Unit-42, Zone-14, Puzhuthivakkam, Chennai - 600 091.

4. The Assistant Executive Engineer, Greater Chennai Corporation, Division-88, Unit-42, Zone-14, Puzhuthivakkam, Chennai-600 091.

5. The Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.

... Respondents in both the petitions (5th respondent is impleaded as per order dated 09.02.2022 in W.M.P. Nos.835 and 840 of 2022 in W.P. Nos.28497 and 28503 of 2021)

Prayer in both the petitions: Petitions filed under Article 226 of the Constitution of India to issue a writ of Certiorari calling for records in impugned order passed by 2 to 4 respondents in Letter No.14/00151/2021 the Lock and Seal Notice dated 29.07.2021 in respect of property situated at No.1230, Ram Nagar, 16th Main Road, Madipakkam, Chennai-600 091 along with De-occupation Notice, Letter No.14/00096/2021 dated 17.09.2021 and be pleased to quash the lock and seal notice dated 29.07.2021 along with above mentioned De-occupation Notice dated 17.09.2021 on the ground that it was send by the respondents on the insistence of third party complaint. For Petitioners :

Mr.N.Suriyamuthu For Respondents :

Mr.K.Raja Shrinivas, Standing Counsel for R1 to R4 for Corporation Mr.K.V.Sajeev Kumar, Special Government Pleader for R5 (impleaded respondent) COMMON ORDER [Order of this Court was delivered by T.RAJA, J.] When the matters are taken up for hearing, learned Standing Counsel appearing for R1 to R4 and the learned Special Government Pleader appearing for R5 and the learned counsel appearing for the petitioners jointly made a submission that the petitioners have already filed an appeal before the Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai and sought for a direction to him to dispose of the above appeal expeditiously.

2.Considering the above submissions made, we are inclined to implead the Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai as the fifth respondent, since he is the necessary and proper party to be impleaded in these petitions. Accordingly, the Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai is impleaded as the fifth respondent.

3.Since the grievance of the petitioners is already seized by the fifth respondent, without going into the merits of the matter, we hereby direct the fifth respondent to consider and dispose of the appeal filed by the petitioners, expeditiously, on merits and in accordance with law. With the above direction, the writ petitions stand disposed of. Till then, both the parties are directed to maintain status quo. Consequently, connected W.M.Ps are closed. No costs. Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar vga To