Tamil Nadu Retired Officials Association, v. The Principal Secretary,

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 MR JUSTICE P.D.AUDIKESAVALU WMP NO.21961 OF 2019 IN WP.NO.17498 OF 2019 TAMIL NADU RETIRED OFFICIALS [ PETITIONER ] ASSOCIATION,, COIMBATORE DISTRICT, REP.BY ITS PRESIDENT N.R.BALAKRISHNAN, HAVING OFFICE AT S.R.NAIDU BUILDING, V.O.C.PARK, COIMBATORE 641 018 Vs 1 THE PRINCIPAL SECRETARY, [ RESPONDENTS ] REVENUE AND DISASTER MANAGEMENT DEPARTMENT, FORT ST. GEORGE, CHENNAI 600 009 2 THE COMMISSIONER FOR LAND ADMINISTRATION, EZHILAGAM, CHEPAUK, CHENNAI 600 002.

3 THE DISTRICT COLLECTOR, COIMBATORE DISTRICT, COIMBATORE.

4 THE TAHSILDAR, NORTH TALUK, BALASUNDARAM ROAD, COIMBATORE.

5 THE COMMISSIONER, CORPORATION OF COIMBATORE, COIMBATORE.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Direction, directing the Respondents herein to remove the lock and seal effected on the Petitioners premises situated at S.R.Naidu Building, VOC Park, Coimbatore-641 018 (in WMP.21961/19) in WP.No.17498/19.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of KARTHIKEYAN G., Advocate for the petitioner

and of M/S.M.KARTHIKEYAN Additional Government Pleader on behalf of the respondents the court made the following order:- Heard Mr.G.Karthikeyan, Learned Counsel appearing for the Petitioner and Mr.M.Karthikeyan, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

According to the Learned Counsel for the Petitioner, by a demand notice dated 09.11.2018, the Petitioner was required to pay a sum of Rs.81,000/- towards the lease amount for the period from 27.06.2015 to 26.06.2020 for the premises and in pursuance of the same, a sum of Rs.50,000/- was paid on 14.12.2018, but thereafter, the First Respondent by order dated 08.01.2019 rejected the request of the Petitioner Association for extension of lease of the premises which has been challenged in this Writ Petition.

3.

When the matter came up for hearings on 21.06.2019 and 09.07.2019, time was granted for the Respondents to file Counter Affidavit.

4.

The complaint of the Petitioner in this application is that after the said hearings, the Fourth Respondent has locked and sealed the premises occupied by the Petitioner on 24.07.2019. In such circumstances, the Petitioner has filed this application to remove the lock and seal.

5.

Having regard to the fact that substantial period of lease has been lapsed from 27.06.2015 and the Petitioner has already paid a sum of Rs.50,000/-, the Respondents are directed to remove the lock and seal of the premises after receipt of the remaining amount due under the demand notice dated 09.11.2018, from the Petitioner. It is made clear that this interim measure shall not affect the rights of any of the parties while deciding the Writ Petition. 6.

Post the matter for reporting compliance on 26.08.2019. -sd/- 31/07/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL SECRETARY, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, FORT ST. GEORGE, CHENNAI 9.

2 THE COMMISSIONER FOR LAND AD MINISTRATION,, EZHILAGAM, CHEPAUK, CHENNAI 2. 3 THE DISTRICT COLLECTOR, COIMBATORE DISTRICT, COIMBATORE 4 THE TAHSILDAR, NORTH TALUK, BALASUNDARAM ROAD, COIMBATORE.

5 THE COMMISSIONER, CORPORATION OF COIMBATORE, COIMBATORE.

C.C. to KARTHIKEYAN G. Advocate SR.No.9596 Order in WMP.21961/2019 in WP.No.17498/2019 Date :31/07/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 05.08.2019 (IT)