R.Devi v. The Additional Secretary(Technical)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2025
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN R.Devi : Petitioner versus 1.The Additional Secretary (Technical) Housing & Urban Development Department, Secretariat, Fort St.George, Chennai 600 009 2.The Executive Engineer, Zone No.VII, Greater Chennai Corporation, Chennai 600 0053 3.The Assistant Executive Engineer, Unit 19, Greater Chennai Corporation, Chennai 4.The Assistant Engineer, Division 87, Unit 13, Zone VII, Greater Chennai Corporation, Chennai : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing respondents 2 to 4 from
interfering with the petitioner's property being land and building bearing Door No.28, Sathiyavathi Nagar, 3rd Street, Padi, Chennai 600 050 without any authority of law unless the petitioner's revision dated 14.08.2025 on the file of the 1st respondent is disposed of in accordance with law.
For Petitioner :
Mr.K.Balaji For Respondents :
Mr.A.Arun Babu, Standing Counsel, for respondents 2 to 4 Mr.M.Habeeb Rahman, Government Advocate, for respondent No.1
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioner has filed this petition seeking protective umbrella of this Court under Article 226 of the Constitution of India in the factual premise that eviction notice dated 09.08.2025 has been challenged by filing a revision petition on 14.08.2025, along with an application for stay.
2. Drawing the attention of this Court to the grounds taken in the revision, learned counsel for the petitioner would submit that the petitioner has raised a specific ground in the revision that none of the notices referred to in the notice dated 09.08.2025 were ever served on her and the petitioner, for the first time, has received notice dated 09.08.2025, which is a substantial ground requiring serious consideration. Learned counsel would submit that since notice has been issued on 09.08.2025, she is apprehending eviction.
3. We have heard Mr.A.Arun Babu, learned Standing Counsel for the Chennai Corporation, who appears on advance copy.
4. Having considered the submission of learned counsel for the petitioner, we find that the petitioner has raised a specific ground in the revision filed against notice dated 09.08.2025 stating that none of the notices mentioned therein were ever served on the petitioner. This averment therefore, requires serious consideration. There is an application for stay also which is still pending before the Revisional authority.
5. It would be in the interest of justice that no demolition action is taken against the petitioner until a decision on stay application is made.
6. Therefore, we are inclined to dispose of this petition at this stage, with a direction that the stay application filed by the petitioner shall be decided by the revisional authority one way or the other, within an outer time limit of four weeks from today.
7. The petitioner shall submit a copy of this order, which is now being passed by us, within a week from today, before the revisional authority.
8. The petitioner shall not seek any adjournment before the revisional authority. If the order passed by us today is not placed before the revisional authority within a period of seven days from today, the protective umbrella given shall lose its efficacy.
9. Without commenting on the merits of the case, the petition stands disposed of. There will be no order as to costs. Consequently, WMP No.35480 of 2025 is closed.
(MANINDRA MOHAN SHRIVASTAVA, CJ.) (SUNDER MOHAN, J.) 20.08.2025 Index : Yes/No : Yes/No tar To 1.The Additional Secretary (Technical) Housing & Urban Development Department, Secretariat, Fort St.George, Chennai 600 009 2.The Executive Engineer, Zone No.VII, Greater Chennai Corporation, Chennai 600 0053 3.The Assistant Executive Engineer, Unit 19, Greater Chennai Corporation, Chennai 4.The Assistant Engineer, Division 87, Unit 13, Zone VII, Greater Chennai Corporation, Chennai
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.
(tar) 20.08.2025