S KUMAR Vs. T C MURUGESAN

JUDGEMENT

(1.) The petitioner has approached this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the order made in Ref. No.11440 dated 06.05.2004 issued by the third respondent and the consequential order made in No.087 dated 13.05.2004 issued by the first respondent, quash the same and to forbear the respondents from interfering with the petitioners' construction put up in door No.18, 111 Cross Street, Shenoy Nagar East, Chennai-30 or demolishing the same.

(2.) It is not in dispute that against the impugned order of the third respondent dated 06.05.2004 and the consequential order dated 13.05.2004 issued by the first respondent, the petitioners have preferred an appeal to the Government on 06.10.2004. The communication in letter No.35933/ud-VI/2006-2 dated 18.10.2006 of the Deputy Secretary to Government, Housing and Urban Development (UD-VI) Department, Secretariat, Chennai-600 009, supports the above claim. In view of the fact that the petitioners have filed an appeal before the Government and the same is still pending, we are of the view that no further adjudication is required in this petition. Accordingly, the writ petition is dismissed. No costs.

(3.) It is represented that based on the communication of the Deputy Secretary to Government, Housing and Urban Development (UD-VI) Department, Secretariat, Chennai-600 009, dated 18.10.2006, the petitioners have furnished further materials in support of their claim. In view of the same, the Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009, is directed to dispose of the appeal of the petitioners dated 06.10.2004 in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Till final order being passed in the appeal by the Government, the impugned proceedings shall be kept in abeyance.