G.Kanakaraj v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2024

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE P.B.BALAJI G.Kanakaraj ... Petitioner -vs1. The Secretary, Housing Urban Development Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003.

3. The Zonal Officer, Zone-IX, Revenue Department, Greater Chennai Corporation, 4th Street, Lake Area, Nungambakkam, Chennai-600 034.

4. The Assistant Revenue Offier, Zone-IX, Revenue Department, Greater Chennai Corporation, 4th Street, Lake Area, Nungambakkam, Chennai-600 034.

5. Mrs.P.Prakash Bai

6. M/s.Ashraf Ali Shah & Farid Ali Shah Trust, Rep. by its Authorized Person, 1/4

Having Office at No.1, St.Mary's Road, Makkan Garden, Mandaveli, Chennai-600 028.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, Calling for the records of the 4th respondent herein in pursuant to the impugned order vide Ma.A.9 Va.Thu.Na.Ka. No.R1/ 06902/ 2021 dated 18.03.2024 and to quash the same s illegal consequently to direct the respondents No.2 to 4 herein to De-seal and De-lock the premises where the petitioner is running tinkering and gas welding shop in the name and style of Kanagaraj Automobiles Work at Door No.1 Shop No.16 Sivaraman Street Mandaveli Chennai-600 028 within Zone-IX of the corporation of Chennai on the basis of the petitioners representation dated 14.05.2022.

For Petitioner :

Mr.V.Ramana Reddy For R1 :

Mr.S.Yashwanth Addl. Govt. Pleader For R2 to R4 :

Mr.D.B.R.Prabhu *****

O R D E R

(By D.Krishnakumar,J.,) When the matter is taken up for hearing, learned counsel for the petitioner has filed the Undertaking Affidavit dated 08.11.2024, in which, in Paragraph No.2, it has been stated as follows:

"2) I submit that the above writ petition came up for admission before this Hon'ble Court on 24.10.2024 and in pursuant to the direction of this Hon'ble Court I am writing this undertaking affidavit before this Hon'ble Court to vacate the premises on or before 31.12.2024 and to surrender my possession at the premises at Door No.1, Shop No.16, Sivaraman Street, 2/4

Mandaveli, Chennai-600 028, where I am running tinkering and gas welding shop in the name and style of "Kanagaraj Automobiles Work", so as to move my workshop and the belongings therein to some other place in a marketeable place."

2. Accepting the said undertaking, this Writ Petition is disposed of. It is made clear that in case the petitioner does not vacate the premises on or before 31.12.2024, there is no impediment for the respondent Corporation to take possession of the premises without any further notice. The respondent shall de-seal the premises so as to enable the petitioner to take out his belongings and shift to some other place, if there is no other legal impediment for the respondent to do so. No costs. [D.K.K., J.,] [P.B.B.,J.,] 12.11.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar To:

The Secretary, Housing Urban Development Department, Secretariat, Fort St.George, Chennai-600 009.

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D.KRISHNAKUMAR,J., AND P.B.BALAJI,J., ar 12.11.2024 4/4