The South Indian National v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.01.2017 Coram The Hon'ble Mr.Justice B.Rajendran Writ Petition No. 44273 of 2016 and W.M.P.Nos.38118 and 38119 of 2016 The South Indian National Association and Ranade Library, rep. by its Honorary Secretary, Mr.K.S.Hemanth Kumar

...Petitioner

Vs.

1.

The Joint Commissioner cum Executive Officer, Arulmigu Kabaleeswarar Thirukoil, Mylapore, Chennai - 600 004.

2.

The Commissioner, Department of HR & CE., Nungambakkam High Road, Chennai - 600 034.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari to call for records of the first respondent, in Na.Ka.No.792/2007/A4, dated 09.12.2016.

For Petitioner : Mr.S.Sathiaseelan For Respondent-1 : Mr.A.K.Sriram For Respondent-2 : Mr.M.Maharaja Special Government Pleader

O R D E R

The petitioner has filed this Writ Petition, praying to quash the order passed by the first respondent, dated 09.12.2016, whereby and whereunder, the lease hold right granted to the petitioner has been terminated and vacant possession of the premises has been sought to be handed over. 2.

Today, when the Writ Petition is taken up for hearing, the learned counsel for first respondent has fairly submitted that, the petitioner would be issued with a show cause notice, calling for his explanation/reply and only after affording him https://hcservices.ecourts.gov.in/hcservices/

reasonable opportunity of being heard, appropriate orders would be passed. Therefore, he would submit that the petitioner need not apprehend that, pursuant to the impugned order, he will be evicted from the subject premises forthwith. It is his further submission that the apprehension of the petitioner is totally unwarranted.

2.

The above said submission is placed on record. The Writ Petition is closed. However, liberty is granted to the petitioner to approach this Court in case has any grievance qua the order to be passed by the first respondent. No costs. Consequently, connected Miscellaneous Petitions are closed. s/d- Assistant Registrar(CS-III) //True Copy// Sub-Assistant Registrar To 1.

The Joint Commissioner cum Executive Officer, Arulmigu Kabaleeswarar Thirukoil, Mylapore, Chennai - 600 004.

2.

The Commissioner, Department of HR & CE., Nungambakkam High Road, Chennai - 600 034.

+1 CC to Mr. S. Sathiaseelan, Advocate sr 868 +1 CC to Govt. Pleader sr 914 Writ Petition No. 44273 of 2016 RV(CO) sp/16/2 https://hcservices.ecourts.gov.in/hcservices/