Siona Priscilla v. Greater Corporation Of Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2018
CORAM
THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.31357 of 2018 1 Siona Priscilla 2 Kiran Fathima 3 J.Prabhakar .. Petitioners Vs 1 The Greater Corporation of Chennai Rep. by the Commissioner Rippon Building No.1131 EVR Salai Chennai - 600 003.
2 The Executive Engineer-1 Zone 13, No.115, Dr Muthulakshmi Salai L.B.Road, Adyar, Chennai - 600 020.
3 The Assistant Executive Engineer-1 Unit 38, No.115, Dr Muthulakshmi Salai L.B.Road, Adyar, Chennai - 600 020.
4 The Assistant Engineer Division 181, No 115 Dr Muthulakshmi Salai L.B.Road, Adyar, Chennai - 600 020.
5 V.Natarajan 6 Nalini Natarajan 7 The Additional Secretary (Technical) Housing and Urban Development Secretariat, Chepauk Chennai.
.. Respondents (R7 impleaded vide order dated 06.12.2018 passed in WMP.No.37636 of 2018)
PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records of the 1st to 4th Respondents in proceedings in Notice No:Div181/020/2018, dated 3.7.2018, Notice No.DIV181/020/2018, dated 12.9.2018 and consequent notice in Notice No.Div181/020/2018, dated 14.11.2018 and quash the same as illegal.
For Petitioner : Mr.M.K.Kabir Senior Counsel for M/s.M.Kaviyarasi For Respondents : Mr.R.Arunmozhi Standing Counsel for respondents 1 to 4 Mr.V.Jayaprakash Narayanan Government Pleader (i/c) for 7th respondent
ORDER
(Order of the Court was made by M.Duraiswamy,J.) The petitioners have filed this writ petition to issue a writ of Certiorarified Mandamus to call for the records of respondents 1 to 4 in proceedings dated 3.7.2018 and 12.9.2018 and consequent notice dated 14.11.2018 and quash the same.
2. When the writ petition was taken up for hearing, the learned Senior Counsel appearing for the petitioners submitted that it would be suffice to direct the seventh respondent to dispose of the appeal dated 23.11.2018 preferred by the petitioners within a time frame.
3. The learned Government Pleader (i/c) appearing for the seventh respondent submitted that the appeal pending before the seventh respondent may be directed to be disposed of within a period of four weeks.
4. In view of the submissions made by the learned counsel on either side, without expressing any opinion on the merits of the case, we direct the seventh respondent to dispose of the appeal filed by the petitioners, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy oft his order, of course after putting the private respondents, namely respondents 5 and 6, on notice. Till the disposal of the appeal, we
direct respondents 1 to 4 to maintain status quo. With the above observations, the writ petition is disposed of. No costs. Consequently, W.M.P.Nos.36541 and 36542 of 2018 are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sasi To:
1.The Commissioner, Greater Corporation of Chennai, Rippon Building, No.1131, EVR Salai, Chennai-3.
2.The Executive Engineer-1 Zone 13, No.115, Dr Muthulakshmi Salai L.B.Road, Adyar, Chennai - 600 020.
3.The Assistant Executive Engineer-1 Unit 38, No.115, Dr Muthulakshmi Salai L.B.Road, Adyar, Chennai - 600 020.
4.The Assistant Engineer Division 181, No 115 Dr Muthulakshmi Salai L.B.Road, Adyar, Chennai - 600 020.
5.The Additional Secretary (Technical) Housing and Urban Development Secretariat, Chepauk Chennai.
+1cc to M/s.M.Kaviyarasi, Advocate, S.R.No.84233 +1cc to Mr.R.Arunmozhi, Advocate, S.R.No.83931 +1cc to the Government Pleader, S.R.No.84404 W.P.No.31357 of 2018 RV(CO) rrs 14/03/2019