Pl.Meyyammai v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.No.28386 of 2022 PL.Meyyammai
...Petitioner
Vs.
1.The Government of Tamil Nadu, Represented by the Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
2.The Commissioner, Greater Chennai Corporation, Ribbon Buildings, Chennai.
3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Nadarajar Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, forbearing the respondents 2 & 3, 1/6
their men, servant, agents or anyone claiming under them from locking, sealing or demolishing the premises situated in Door No.12/A, Mahalakshmi Street, T.Nagar, Chennai - 600 017 comprised in T.S.No.6015/2, Block No.134 of T.Nagar Village pursuant to the Lock & Seal and Demolition Notice in Letter No.EC/C-II/10396/2022 dated 27.09.2022 pending disposal of the appeal filed by the petitioner on the file of the 1st respondent. For Petitioner : Mrs.A.L.Ganthimathi For Respondents : Mr.J.Ravindran Additional Advocate General assisted by Mr.Vadivelu Deenadayalan Additional Government Pleader for R1 Mr.D.B.R.Prabhu for R2 Mr.C.N.Vinobha for R3
O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the Writ Petition reads as follows:- forbearing the respondents 2 & 3, their men, servant, agents or anyone claiming under them from locking, sealing or demolishing the premises situated in Door No.12/A, Mahalakshmi Street, T.Nagar, Chennai - 600 017 comprised in 2/6
T.S.No.6015/2, Block No.134 of T.Nagar Village pursuant to the Lock & Seal and Demolition Notice in Letter No.EC/CII/10396/2022 dated 27.09.2022 pending disposal of the appeal filed by the petitioner on the file of the 1st respondent. 2.Mr.J.Ravindran, learned Additional Advocate General would submit that the petitioner was asked to appear for enquiry on 16.11.2022 but the petitioner had sought for an adjournment on the ground she was not available in the suit. The learned counsel for the petitioner would submit that the notice requiring the petitioner to appear for enquiry was served on 15.11.2022 only and therefore, the petitioner, who was in her native place, could not appear.
3.Mrs.A.L.Ganthimathi, learned counsel for the petitioner would submit that she would direct the petitioner to appear on any date that is to be fixed. Mr.J.Ravindran would state that if the petitioner appears on 21.11.2022 before the 1st respondent, orders will be passed after conducting enquiry. Mrs.A.L.Gandhimathi would also submit that the petitioner would appear on the said date.
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4.Recording the said statement, this Writ Petition is disposed of with a direction to the petitioner to appear before the 1st respondent on 21.11.2022 and the Government will pass orders in the revision at the earliest. Till such time, no coercive action shall be taken by the 3rd respondent / Chennai Metropolitan Development Authority. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M.,J.) (K.B.,J.) 18.11.2022 kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order 4/6
To:- 1.The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
2.The Commissioner, Greater Chennai Corporation, Ribbon Buildings, Chennai.
3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Nadarajar Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
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R.SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
KKN and W.M.P.No.28386 of 2022 18.11.2022 6/6