Vijaya v. Executive Egineer / Administrative Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition No.19517 of 2020 and W.M.P.Nos.24128 and 24129 of 2020 Vijaya
...Petitioner/Petitioner
Vs 1.Executive Engineer/Administrative Officer Tamil Nadu Housing Board K.K.Nagar Division No.C-48, Third floor, 2nd avenue Anna nagar, Chennai-600 040.
2.Sengol Murugan Holding the post of Executive Engineer/ Administrative Officer Tamil Nadu Housing Board K.K.Nagar Division No.C-48, Third floor, 2nd Avenue Anna nagar, Chennai-600 040.
3.Secretary to Government Housing and Urban Development Department Secretariat, Fort St. George Chennai-600 009.
...Respondents/Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records in impugned lock and seal notice dated 19.10.2020 on the file of the 1st respondent, quash the same and consequently, direct the 1st respondent to produce the documents relating to taking possession, sketch of the property, town survey record and document granting any right to third party to the petitioner so as to enable the petitioner to take appropriate steps before the 3rd respondent. For Petitioner : Mr.N.S.Nandakumar For Respondents : Mr.R.Bharathkumar
ORDER
The prayer made in this writ petition is to issue a certiorarified mandamus, to call for the records pertaining to the lock and seal notice dated 19.10.2020 from the file of the first respondent, quash the same and consequently, direct the first respondent to produce the relevant documents, such as, taking possession, sketch of the property, etc. to the petitioner.
2.It is the case of the petitioner that she is in possession of shop no.3, South Sivan Koil Street, Vadapalani, Chennai-28 and is now dealing with the business of furniture. While so, the first respondent passed a final order dated 24.01.2019 stating that one Gideon / third party, who is said to be the petitioner's predecessor-in-interest, failed to pay arrears of rent to the tune of Rs.23,42,819/- and hence, the said person / occupant was directed to vacate the shop and hand over the vacant possession, failing which appropriate proceedings be initiated as per law. Challenging the same, the petitioner preferred appeal dated 27.02.2019 before the third respondent / Appellate Authority.
During the pendency of the appeal proceedings, the second respondent without issuing any notice to the petitioner, locked and sealed the shop in question on 19.10.2020. Feeling aggrieved, the petitioner is before this court with the present writ petition for the aforesaid relief. 3.The learned counsel for the petitioner submitted that the first respondent did not issue notice under section 84(1) of the Tamil Nadu Housing Board Act, 1961 to the petitioner before passing the order under section 84(5) of the Act, inspite of the fact that the petitioner is in occupation and carrying on business for more than two decades. The learned counsel further submitted that during the pendency of the appeal proceedings before the third respondent, the second respondent on behalf of the first respondent, has locked and sealed the shop on 19.10.
2020, which is arbitrary, illegal and in violation of the principles of natural justice and hence, the same is liable to be quashed. However, restricting the relief sought in this writ petition, the learned counsel submitted that similarly placed persons were permitted to take away their belongings kept in the locked shops and hence, the petitioner may also be permitted to take her belongings kept in the shop in question, without prejudice her right to contest the appeal proceedings pending before the appellate authority by raising all the contentions, for which, the learned counsel appearing for the respondents has no serious objection.
4.In view of the limited relief now sought by the learned counsel for the petitioner, which has not been seriously opposed on the side of the respondents, this Court directs the respondent authorities to permit the petitioner to take away her belongings kept in the locked shop in question. 5.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kj To 1.The Executive Engineer/Administrative Officer Tamil Nadu Housing Board K.K.Nagar Division No.C-48, Third floor, 2nd avenue Anna nagar, Chennai-600 040.
2.The Holding the post of Executive Engineer/ Administrative Officer Tamil Nadu Housing Board K.K.Nagar Division No.C-48, Third floor, 2nd Avenue Anna nagar, Chennai-600 040.
3.The Secretary to Government Housing and Urban Development Department Secretariat, Fort St. George Chennai-600 009.
+1 cc to Mr.R.Bharath Kumar,Advocate Sr.No.363681. W.P.No.19517 of 2020 SR[co] NSK 30/07/2021