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Madras High CourtWP/34437/2023disposed of

A.Banupriya v. Government Of Tamilnadu

2023-12-13Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. A.Banupriya

2. A.Jesintha Priya Kumari ..

Petitioners Vs.

1. Government of Tamil Nadu Rep. by its Principal Secretary to Government Municipal Administration and Water Supply Department Fort St. George, Secretariat, Chennai - 600 009.

2. The Director of Municipal Administration Directorate of Municipal Administration No.75, Urban Administrative Building Santhome High Road, MRC Nagar Raja Annamalaipuram, Chennai - 600 028.

3. The Commissioner Ripon Buildings, Park Town Chennai - 600 003.

4. The District Collector Chennai District, Collectorate Singaravelar Maaligai, Fourth Floor No.62, Rajaji Salai, Chennai - 600 001.

5. The Regional Deputy Commissioner Chennai South, Greater Chennai City Corporation No.115, Dr.Muthulakshmi Salai Adyar, Chennai - 600 001.

6. The Zonal Officer/Assistant Commissioner Zonal-XV, Sholinganallur, Greater Chennai City Corporation No.120, Rajiv Gandhi Salai, Old Mahabalipuram Road

7. The Executive Engineer Zone-15, Sholinganallur Zonal Office No.120, Rajiv Gandhi Salai Old Mahabalipuram Road ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to consider the petitioners detailed written explanation reply statements dated 22.11.2023 within a stipulated time fixed by this Court, consequently, forbearing the sixth respondent Zonal Officer, Zone-15, Sholinganallur from bias, coercive, partial, arbitrarily, forcibly, illegally evicting the petitioners lawful settled possession, enjoyment and occupation of premises in S.No.134 situated at Injambakkam Village, Sholinganallur Taluk, Chennai Distict.

For the Petitioners : Mr.R.Anandha Babu For the Respondents : Mr.P.Muthukumar State Government Pleader for R1, R2 & R4 Mr.A.Arun Babu Standing Counsel for R3, R5 to R7

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.R.Anandha Babu, learned counsel for the petitioners, Mr.P.Muthukumar, learned State Government Pleader for R1, R2 and R4 and Mr.A.Arun Babu, learned Standing Counsel for R3 and R5 to R7.

2. The writ petition ought not to have been filed at this stage. The petitioners are issued with show cause notice under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998. The petitioners filed reply to the same. Naturally, before passing orders, the authorities are bound to consider the reply filed by the petitioners.

3. In the light of that, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.34355 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 13.12.2023 Index :

Yes/No :

Yes/No drm

To

1. The Principal Secretary to Government Government of Tamil Nadu Municipal Administration and Water Supply Department Fort St. George, Secretariat Chennai - 600 009.

2. The Director of Municipal Administration Directorate of Municipal Administration No.75, Urban Administrative Building Santhome High Road, MRC Nagar Raja Annamalaipuram, Chennai - 600 028.

3. The Commissioner Ripon Buildings, Park Town Chennai - 600 003.

4. The District Collector Chennai District, Collectorate Singaravelar Maaligai, Fourth Floor No.62, Rajaji Salai, Chennai - 600 001.

5. The Regional Deputy Commissioner Chennai South, Greater Chennai City Corporation No.115, Dr.Muthulakshmi Salai Adyar, Chennai - 600 001.

6. The Zonal Officer/Assistant Commissioner Zonal-XV, Sholinganallur, Greater Chennai City Corporation No.120, Rajiv Gandhi Salai Old Mahabalipuram Road

7. The Executive Engineer Zone-15, Sholinganallur Zonal Office No.120, Rajiv Gandhi Salai, Old Mahabalipuram Road

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 13.12.2023