AARA SILK REP BY ITS PARTNER, MAM HAYATH S/O M A MOHAMED MASTHAN Vs. PRINCIPAL DIRECTOR, SOUTHERN COMMAND IDES GUEST HOUSE; CHIEF EXECUTIVE OFFICER, CANTONMENT BOARD, ST THOMAS MOUNT

JUDGEMENT

(1.) The petitioner, having constructed a three-storied building at No.8/42 & 8/42- A & B, Ranganatha Mudali Street, C.Pallavaram, Chennai is running a Textile business therein. He has come up with this Writ Petition seeking to forbear the respondents or their subordinates from either sealing, removing, damaging or demolishing any portion of the said building by way of implementing the order passed by the 2nd respondent vide No.STM/Works/8/2350, dated 08.08.2016 pending disposal of the appeal dated 22.08.2016 filed by him before the 1st respondent.

(2.) According to the petitioner, the 2nd respondent passed the order dated 08.08.2016 without giving him any opportunity and without considering the objections made by him. Since there is every apprehension that the building in question will be demolished by the 2nd respondent, the petitioner filed an appeal along with a petition seeking interim stay of the operation of the order dated 08.08.2016 passed by the 2nd respondent.

(3.) Learned counsel appearing for the petitioner vehemently contended that the order passed by the 2nd respondent is against the principles of natural justice, since it has been passed without conducting any enquiry and without giving any opportunity of hearing to the petitioner. He also submitted that when an appeal is pending, the officers of the 2nd respondent came to the petitioner's office on 23.08.2016 and informed the petitioner that they are going to demolish the building within a week. Left with no other remedial measure, the petitioner has approached this Court.