Madras High CourtWMP/21061/2019disposed of

V.K.Rajendran @ Silk Rajendran v. M.Sambath

2019-07-30Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Wednesday, the Thirty First day of July Two Thousand Nineteen PRESENT THE HON`BLE DR JUSTICE G.JAYACHANDRAN WMP No.21061 of 2019 in WP.No.9411 of 2019 V.K.RAJENDRAN @ SILK RAJENDRAN, [ PETITIONER ] SHOP NO.12, M.A.GARDEN, COMMERCIAL COMPLEX, GROUND FLOOR, TEYNAMPET, CHENNAI - 600 018 Vs 1 M.SAMBATH [ RESPONDENTS ] 2 THE COMISSIONER CORPORATION OF CHENNAI, RIPPON BUILDING, CHENNAI - 600 003 3 THE DEPUTY COMMISSIONER, CORPORATION OF CHENNAI, RIPPON BUILDING, CHENNAI - 600 003 4 THE DISTRICT REVENUE OFFICER, DEPARTMENT OF LAND AND OWNERSHIP, CORPORATION OF CHENNAI - 600 003.

5 THE ZONAL OFFICER, ZONE-9, LAKE AREA, NUNGAMBAKKAM, CHENNAI - 600 034 6 THE ZONAL OFFICER, ZONE-9, LAKE AREA, NUNGAMBAKKAM, CHENNAI - 600 034 7 THE INSPECTOR OF POLICE, E-3, POLICE STATION, TEYNAMPET, CHENNAI - 600 018 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Direct the 2nd Respndent herein to the remove away the seal put up by the Corporation of Chennai, the above said Shop No. 12, MA Garden Shopping Complex, Ground Floor, Ward No.118, Zone No.9, Teynampet, Chennai-600018 for few days for shifting the business acrticles i.e. Cable TV Network connections and

Controllers and Batterires and Accessories thereon, by way of in furtherance of the order of direction dated 17.07.2019 (in WMP.No.21061/2019) pending disposal of the above WP.No.9411/2019. Order: This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.MANNARSAMY V.S., Advocate for the petitioner and of and of MR.K.ANBARASAN, Advocate for the first respondent and of MS.KARTHIKA ASHOK, Standing Counsel for respondents 2 to 5 and MR.N.INBANATHAN, Additional Government Pleader appearing for the 6th respondent the court made the following order:- This Miscellaneous Petition is filed to direct the second respondent herein to remove away the seal put up by the Corporation of Chennai, the above said shop No.

12, MA Garden Shopping Complex, Ground Floor, Ward No.118, Zone No.9, Teynampet, Chennai 600 018 for few days for shifting the business articles i.e cable TV net work connections and controllers and batteries and accessories thereon, by way of in furtherance of the order of direction dated 17.07.2019 pending disposal of the above writ petition No.9411 of 2019.

2.Heard Mr.V.S.Mannarsamy, learned counsel appearing for the petitioner/6th respondent in the main writ petition and Mr.K.Anbarasan, learned counsel appearing for the first respondent; Ms.Karthika Ashok, learned standing counsel appearing for respondents 2 to 5 and Mr.N.Inbanathan, learned Additional Government Pleader appearing for the 6th respondent. 3.This petitioner having taken the portion of the shop premises forcibly bearing shop No.12, MA Garden Shopping Complex, Ground Floor, Ward No.118, Zone No.9, Teynampet, Chennai 600 018, this Court directed the Corporation to take possession of the premises and place the premises under lock and seal. Accordingly, the shop was sealed and reported to this Court. 4.In the said circumstances, the petitioner herein/6th respondent has filed the above Miscellaneous Petition seeking direction of this Court to remove the seal put up by the Corporation of Chennai for few days so that the materials kept by him inside the premises can be removed.

5.After hearing the learned counsel appearing for the petitioner and the respondents, it is agreed by the petitioner that if the premises is unsealed and kept open for five hours tomorrow i.e 01.08.2019, he will remove all the materials and hand over the vacant possession of the premises to the respondents' Corporation.

6.Considering the above plea, the petitioner is permitted to remove the materials kept inside the said premises between 10.00 a.m and 03.00 p.m on 01.08.2019. The 2nd respondent Corporation shall ensure the vacant premises again locked and duly sealed.

The Inspector of Police, Teynampet Police Station shall provide all necessary bandobast for the Corporation officials to conduct the above exercise.

7.With the above directions, this Miscellaneous Petition is disposed of. The petitioner and the respondents are directed to report the compliance of the above order on 05.08.2019. -sd/- 31/07/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE COMISSIONER CORPORATION OF CHENNAI, RIPPON BUILDING, CHENNAI - 600 003 2 THE DEPUTY COMMISSIONER, CORPORATION OF CHENNAI, RIPPON BUILDING, CHENNAI - 600 003 3 THE DISTRICT REVENUE OFFICER, DEPARTMENT OF LAND AND OWNERSHIP, CORPORATION OF CHENNAI - 600 003.

4 THE ZONAL OFFICER, ZONE-9, LAKE AREA, NUNGAMBAKKAM, CHENNAI - 600 034 5 THE ZONAL OFFICER, ZONE-9, LAKE AREA, NUNGAMBAKKAM, CHENNAI - 600 034 6 THE INSPECTOR OF POLICE, E-3, POLICE STATION, TEYNAMPET, CHENNAI - 600 018 C.C. to MANNARSAMY V.S. Advocate on payment of necessary charges C.C. to R.K.ANBARASAN, Advocate on payment of necessary charges C.C. to MS.KARTHIKA ASHOK, Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP.21061/2019 in WP.9411/2019 Date :31/07/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(31/07/2019) (IT)