Mr.M.Maharaja, learned Special Government Pleader, takes notice for the respondents. By consent, the writ petition are taken up for for disposal at the admission stage itself.
2. The petitioners have filed the above Writ Petitions to issue a Writs of Mandamus, directing the 1st respondent to communicate the petitioners the order passed in R.P. Nos.25/2017 D2, 135/2017 D2 and 134/2017 D2, dated 07.08.2017 to enable them to seek appellate remedy as per section 114 of the HR & CE Act.
3. The learned counsel appearing for the petitioners submitted that the petitioners were not served with the copy of the order dated 07.08.2017 enabling them to file an appeal under section 114 of the HR & CE Act. Further, the learned counsel submitted that the 2nd respondent had sealed the premises, which were in occupation of the petitioners. The learned counsel also submitted that the petitioners were in possession of the residential and commercial portions and that the 2nd respondent had sealed and locked all the portions, which were in the possession of the petitioners. Further, the learned counsel submitted that since the 2nd respondent had locked the house portions, the petitioners are on the streets without shelter.
4. Mr.M.Maharaja, learned Special Government Pleader appearing for the respondents submitted that the petitioners are in arrears of huge amounts. Further the learned Special Government Pleader submitted that the petitioner in W.P.No.24754 of 2017 is in arrears of more than 20,00,000/- the petitioner in W.P.No.24755 of 2017 is in arrears of more than 56,00,000/- and the petitioner in W.P.No.24756/2017 is in arrears of more than 17,00,000/-. Further, the learned Special Government Pleader submitted that the 1st respondent would furnish the certified copy of the order dated 07.08.2017 to the petitioners on or before 15.09.2017.
5. In view of the submissions made by the learned counsel on either side, I pass the following order:-
(i) The 1st respondent is directed to furnish the copy of the orders passed in R.P. Nos.25/2017 D2, 134/2017 D2 and 135/2017 D2, dated 07.08.2017 to the petitioners on or before 15.09.2017.
(ii) The 2nd respondent is directed to unlock the house portions alone which were in occupation of the petitioners and permit the petitioners to reside in their respective portions on condition that that the petitioner in each writ petitions paying a sum of Rs.3,00,000/- (Rupees three lakhs only) without prejudice to the contentions to be raised in the appeal filed under section 114 of the HR & CE Act, within a period of two weeks from the date of receipt of a copy of this order. In the event of the petitioners committing default in paying the said amounts, within the stipulated time, it is open to the 2nd respondent to lock and seal the premises without any reference to this Court.
(iii) The 2nd respondent is directed to unlock the house portions alone which were in the occupation of the petitioners on or before 6.00 p.m. today.
(iv) The 2nd respondent shall not unlock the commercial portions which were locked by him.
With the above directions, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
14.09.2017 Index: Yes/No Note : Issue the copy of the order by 15.09.2017 Rj To 1 The Commissioner of HR & CE Nungambakkam High Road Chennai - 34.
2 The Joint Commissioner HR & CE Admn. Department Chennai -34 3 Assistant Commissioner of HR & CE Nungambakkam Chennai - 600 034.
4 The Executive Officer Arulmighu Kapaleeswar Temple Mylapore Chennai - 600 004 M.DURAISWAMY,J.
Rj W.P.Nos.24754 to 24756 of 2017 & W.M.P.Nos.26128 to 26133 of 2017 14.09.2017