Partly allowed

R.Chokkammal v. The Commissioner of Hr & Ce

Madras HC18 Aug 2017WP/21961/2017

Case brief

AI extract

What is this about?

In a writ petition seeking a stay on eviction, the High Court held that since the respondents acted in accordance with law and the petitioner's appeal is pending, a status quo is maintained. The Commissioner was directed to dispose of the appeal within two months.

What did the court decide?

Status quo maintained till disposal of appeal; Commissioner directed to dispose of appeal within two months.

R.Chokkammal Vs The Commissioner of Hr & Ce — Landlord and Tenant | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.08.2017

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CORAM

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THE HONOURABLE MR. JUSTICE M.DURAISWAMY

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W.P.No.21961 of 2017 and W.M.P.No.23015 of 2017

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R.Chokkammal

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..Petitioner
Vs
1. The Commissioner of HR & CE
HR & CE Department,
No.19, Uthamar Gandhi Street,
Nungambakkam, Chennai 19.
2. The Joint Commissioner,
HR & CE Department.
RDO Office Road,
Sathuvachari, Vellore.
3. The Assistant Commissioner
HR & CE Department, Kanchipuram,
Kanchipuram District.

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The Executive Officer, Arulmigu Vedhagreesvarar Temple, Thirukkazhukundram, Kanchipuram District.

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..Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents not to evict the petitioner from her house situated in S.No.460, Indra Nagar New Bus Stand, Annakkavadi Pillayar Kovil Back Side, Thirukkazhukundram, Kanchipuram District, until the disposal of the revision petition of the petitioner dated 01.08.2017 made to respondent No.1, against the order bearing No.Na.Ka.No.6520/2012-1/E1 dated 30.06.2017 passed by respondent No.2.

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For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.M.Maharaja, SGP

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ORDER

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Mr.M.Maharaja, learned Special Government Pleader, takes https://hcservices.ecourts.gov.in/hcservices/ notice for the respondents and by consent, the main writ

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petition itself is taken up for final disposal at the admission stage itself.

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The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents not to evict her from her house situated in S.No.460, Indra Nagar New Bus Stand, Annakkavadi Pillayar Kovil Back Side, Thirukkazhukundram, Kanchipuram District, until the disposal of her revision petition dated 01.08.2017 filed before the 1^st respondent, against the order dated 30.06.2017 passed by the 2^nd respondent.

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Mr.M.Maharaja, learned Special Government Pleader, appearing for the respondents submitted that the 2^nd respondent had issued a notice under Section 78 of the HR & CE Act and an order was also passed by him on 30.06.2017, ordering eviction of the petitioner. The learned Special Government Pleader further submitted that challenging the order passed by the 2^nd respondent, the petitioner filed an appeal before the 1^st respondent on 01.08.2017, which was sent by the petitioner to the 1^st respondent by registered post on 02.08.2017. The learned Special Government Pleader also submitted that the respondents had acted in accordance with the provisions of the HR & CE Act.

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Recording the submissions made by the learned Special Government Pleader appearing for the respondents, since the respondents had acted in accordance with law and that the appeal preferred by the petitioner before the 1^st respondent is pending, in the interest of justice, the respondents are directed to maintain status-quo till the disposal of the appeal dated 01.08.2017. The 1^st respondent is directed to dispose of the appeal preferred by the petitioner, within a period of two months from the date of receipt of a copy of this order.

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With the above observations, the writ petition is disposed of. No costs. Connected miscellaneous petition is closed.

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s/dAssistant Registrar(CS-III) True Copy

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Sub-Assistant Registrar

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To 1. The Commissioner of HR & CE HR & CE Department, No.19, Uthamar Gandhi Street,

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https://hcservices.ecourts.gov.in/hcservices/ Nungambakkam, Chennai 19.

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The Joint Commissioner, HR & CE Department. RDO Office Road, Sathuvachari, Vellore.

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The Assistant Commissioner HR & CE Department, Kanchipuram, Kanchipuram District.

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The Executive Officer, Arulmigu Vedhagreesvarar Temple, Thirukkazhukundram, Kanchipuram District.

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+1 CC to Mr.P. Pugalenthi, Advocate sr 59282
+1 Cc to Govt. Pleader sr 60816.
W.P.No.21961 of 2017
NM(CO)
sp(04/09/2017)

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https://hcservices.ecourts.gov.in/hcservices/

R.Chokkammal v. The Commissioner of Hr & Ce

Case brief

What is this about?

What did the court decide?

R.Chokkammal v. The Commissioner of Hr & Ce

Case brief

What is this about?

What did the court decide?

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