The Madras High Court granted a status quo, directing respondents not to evict the petitioner until her revision appeal is disposed of by the Commissioner, who was ordered to decide within two months.
Status quo maintained till disposal of pending appeal; Commissioner directed to dispose of appeal within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2017
CORAM
THE HONOURABLE MR. JUSTICE M.DURAISWAMY
W.P.No.21962 of 2017 and W.M.P.No.23016 of 2017
V.Akila ..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.
4. The Executive Officer,
Arulmigu Vedhagreesvarar Temple,
Thirukkazhukundram,
Kanchipuram District.
..Respondents
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, 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.6520/2012-2/E1 dated 30.06.2017 passed by respondent No.2.
For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.M.Maharaja, SGP
ORDER
Mr.M.Maharaja, learned Special Government Pleader, takes notice for the respondents and by consent, the main writ petition itself is taken up for final disposal at the https://hcservices.ecourts.gov.in/hcservices/ admission stage itself.
With the above observations, the writ petition is disposed of. No costs. Connected miscellaneous petition is closed.
s/dAssistant Registrar(CS-III) True Copy
Sub-Assistant Registrar
rg
To 1. The Commissioner of HR & CE
HR & CE Department,
No.19, Uthamar Gandhi Street,
Nungambakkam, Chennai 19.
3 issues framed by the court
Whether to grant a stay on eviction pending the disposal of the petitioner's appeal against the eviction order.
Whether the eviction order passed by the Joint Commissioner was challenged correctly.
Whether to direct the Commissioner to dispose of the pending appeal within a specific timeframe.
2 provisions across 2 enactments
V. Akila
Commissioner of HR & CE
Joint Commissioner, HR & CE Department
Assistant Commissioner, HR & CE Department
Executive Officer, Arulmigu Vedhagreesvarar Temple
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
