B.Vijayal vs The Commissioner And Secretary
2024 Latest Caselaw 11449 Mad

Madras High Court

B.Vijayal vs The Commissioner And Secretary on 2 July, 2024

Author: D.Krishnakumar

Bench: D.Krishnakumar

                                                                         WA No.2700 of 2022

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 02.07.2024

                                                       CORAM:

                                    THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

                                                        AND

                                   THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                                 WA No.2700 of 2022

                     B.Vijayal                                        ... Appellant

                                  versus

                     1.The Commissioner and Secretary
                              to the Government of Tamil Nadu,
                       Housing & Development Department,
                       St.George Fort, Chennai.

                     2.The Executive Engineer and
                             Administrative Officer,
                       Tamil Nadu Housing Board,
                       Salem Housing Unit,
                       Salem-8.

                     3.The Inspector of Police,
                       Hastampatti Police Station,
                       Salem-7.                                       ... Respondents




                     1/5


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                                                                                      WA No.2700 of 2022

                     PRAYER: Writ Appeal filed against the order of the learned Single Judge
                     in WP No.2267 of 2020 dated 06.07.2021.



                              For the Appellant              :Ms.P.Sonu

                              For the Respondents            :Mr.D.Veerasekaran
                                                              Standing Counsel
                                                              for TNHB for second respondent
                                                              Mr.S.Prabhakaran
                                                              Government Advocate
                                                              for respondents 1 and 3


                                                          JUDGMENT

(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)

The Writ Appeal is filed against the order of the learned Single Judge

in WP No.2267 of 2020 dated 06.07.2021.

2. The appellant was running a rice and flour mill in the name and

style of M/s. Meenakshi Rice and Flour Mills in the property allotted to her

by the first respondent as per the order dated 03.05.1998. While so, the

second respondent issued a notice dated 20.07.1998 calling upon the

appellant to pay 15 % enhanced rent on the agreed rent. Thereafter, another

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notice dated 30.10.2020 was issued by the second respondent calling upon

the appellant to pay Rs.70,358/-. According to the appellant, aggrieved by

the same, she filed an appeal dated 03.10.2001 before the first respondent.

Since there was no response from the first respondent, she filed a writ

petition before this Court. The Writ Court, by order, dated 06.07.2021,

rejected the claim of the appellant by holding that the appellant has not at all

preferred any appeal on 03.10.2001, and no such appeal was pending on the

file of the first respondent. Further, the appellant was already evicted from

the premises in question on 08.01.2020. Therefore, the said direction

cannot be passed for disposing of the appeal. Challenging the same, the

appellant has preferred the present-intra court appeal.

3. Learned Government Advocate appearing for respondents 1 and 3

submitted that there is no such appeal pending with the Government.

4. It is seen from the typed set of papers that it is only a representation

made by the appellant on 03.10.2001 and not an appeal before the

Government. The said representation is of the year 2001 and now 23 years

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have lapsed. In such circumstances, the contention of the appellant cannot

be accepted. Hence, we do not wish to interfere with the order passed by the

writ court. There is no merit in the writ appeal. Consequently, the writ

appeal stands dismissed. CMP No.21933 of 2022 is closed.

                                                                    [D.K.K., J.]      [K.B., J.]
                                                                             02.07.2024
                     Index        : Yes/No
                     Neutral Citation : Yes/No
                     mrn


                     To
                     1.The Commissioner and Secretary
                              to the Government of Tamil Nadu,
                       Housing & Development Department,
                       St.George Fort, Chennai.

                     2.The Executive Engineer and
                             Administrative Officer,
                       Tamil Nadu Housing Board,
                       Salem Housing Unit,
                       Salem-8.

                     3.The Inspector of Police,
                       Hastampatti Police Station,
                       Salem-7.







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                                   D.KRISHNAKUMAR, J.
                                                 and
                                  K.KUMARESH BABU, J.

                                                     (mrn)









                                               02.07.2024







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