(Order of the Court was made by the Acting Chief Justice) Mr.R.Arunmozhi, learned counsel takes notice for respondents 1 to 3.
2. The petitioner has filed this writ petition seeking issuance of a writ of Certiorari calling for the records of the 3rd respondent with regard to the notice No.Zone -1/TPENF/350/2016, dated 24.12.2016 and quash the same.
3. The petitioner is a tenant under the fourth respondent, who is the owner of the property. It is his plea that the fourth respondent threatened to evict the petitioner and as against the same he has filed a civil suit, which was dismissed and the appeal is pending. It is the case of the petitioner that he has not put up any new construction and has only repaired the dilapidated portions of the building. However, it is alleged that the respondent authorities have issued a de-occupation notice on 24.12.2016. Assailing the same, the petitioner has filed this writ petition.
4. Admittedly, the petitioner is only a tenant in the said property. The person who should be more aggrieved by the de-occupation notice is the fourth respondent/landlord. That apart, it is not known as to whether the landlord has filed any appeal under Section 80A of the Act till date. Therefore, the direction as prayed for by the petitioner cannot be granted. If the petitioner has any grievance against the fourth respondent/landlord, he has to work out his remedy in the pending appeal by filing appropriate application seeking interim orders.
The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.Nos.6456 and 6457 of 2017 are closed.
(H.G.R., ACJ.) (T.K.R., J.) 15.03.2017 Index : No Internet : Yes sasi To:
1 The Commissioner Corporation of Chennai Rippon Building Chennai - 600 003.
2 The Assistant Commissioner Chennai Corporation Zone-1 Thiruvotriyur Corporation Zone Thiruvotriyur Chennai - 600 019.
3 The Executive Engineer Chennai Corporation Zone-1 Thiruvotriyur Corporation Zone Thiruvotriyur Chennai - 600 019.
HULUVADI G.RAMESH,ACJ.
AND RMT.TEEKA RAMAN,J.
(sasi) W.P.No.6032 of 2017 15.03.2017 http://www.judis.nic.in