S.Manimegalai, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2023

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN and THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.37319 to 37321 of 2017 S.Manimegalai ..Petitioner in W.P.No.33701 of 2017 R.Parimala ..Petitioner in W.P.No.33702 of 2017 K.Elango ..Petitioner in W.P.No.33703 of 2017 Vs 1.The District Collector, Thiruvallur.

2.The Regional Deputy Commissioner, Greater Chennai Corporation Chennai Zone-XI, Valasaravakkam, Chennai - 600 087.

3.The Revenue Divisional Officer, Ambattur, Chennai - 600 053.

4.The Thasilthar, Taluk Office, Madhuravoil, Chennai - 600 095.

...Respondents in all the petitions

COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents herein to restore the petitioners' house premises of livelihood of the building situated at Plot No.22, Plot No.181 & Door No.1 and Plot No.23, Nagi Reddy Street, Sri Devi Karumariamman Nagar, Valasaravakkam Village, respectively, comprised in Survey Nos.81 & 82, Valasarawakkam Village, then Saidapet Taluk now Madhuravoil Taluk, Chennai, by compensating the loss and damage sustained by the petitioner. For Petitioners : Mr.G.Thangavel.

For Respondents : Mr.A.Selvendran, Special Government Pleader for R1, R3 & R4.

Mr.G.T.Subramaniam, Standing Counsel for R2.

C O M M O N O R D E R [Order of the Court was made by R.MAHADEVAN,J.] These Writ Petitions have been filed to issue a writ of mandamus, directing the respondents to restore the petitioners' house premises situated at Plot No.22, Plot No.181 & Plot No.23, Nagi Reddy Street, Sri Devi

Karumariamman Nagar, Valasaravakkam Village, comprised in S.No.81, Valasarawakkam Villlage, then Saidapet Taluk, now Madhuravoil Taluk, Chennai, by compensating the loss and damage sustained by them. 2.When these matters were taken up for consideration, the learned Special Government Pleader appearing for the respondent authorities submitted that the petitioners herein have already filed appeals before the Appellate authority for the relief sought herein and the same are pending consideration.

3.On the other hand, the learned counsel for the petitioners submitted that despite the order of this Court dated 27.09.2017 passed in W.P.Nos.25824 to 25827 of 2017, directing the appellate authority to decide the appeals within a period of 30 days, the appellate authority has not considered the same, till date. Rather, the authorities concerned have proceeded to demolish the building.

4.In view of the above submissions made by the learned counsel appearing for both sides, this court directs the appellate authority to dispose of the appeals filed by the petitioners, on merits and in accordance with law, after affording due opportunity of personal hearing to all the parties concerned, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5.With the above direction, these Writ Petitions are disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. (R.M.D.,J.) (M.S.Q.,J.) 31.01.2023 ay Index:Yes / No Speaking Order / Non-speaking Order Copy To 1.The District Collector, Thiruvallur.

2.The Regional Deputy Commissioner, Greater Chennai Corporation Chennai Zone-XI, Valasaravakkam, Chennai - 600 087.

3.The Revenue Divisional Officer, Ambattur, Chennai - 600 053.

4.The Tahsildar, Taluk Office, Madhuravoil, Chennai - 600 095.

R.MAHADEVAN,J.

and MOHAMMED SHAFFIQ,J.

ay and W.M.P.Nos.37319 to 37321 of 2017 Dated:31.01.2023