T. DINAKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed the present writ petition for a direction to break open the seal, put up in Flat B6 Lloyds Road, Royapettah, Chennai - 600 014.

(2.) I am not going into the facts of the case since, the petitioner has now by this order is granted an opportunity to file an appeal before the Appellate Authority. Even though he has filed an appeal earlier on 27.04.2012, the petitioner's flat in B6, Lloyds Colony, Chennai was sealed by the respondents and he found the door was locked, when he came back from Sabarimalai. It was claimed that the flat was originally allotted to his father S.Thayumanasundaram, who died in the year 2005. As the son, the petitioner continued to occupy the flat for the past 14 years. It is stated that there was a statutory appeal provided under Rule 86 of the Act and the petitioner had preferred an appeal but the respondents disputed that fact. During the discussions before this Court, it was directed that the petitioner may be permitted to file a fresh appeal on or before 10.01.2020 and the delay, if any may be condoned and the Appellate Authority may dispose of the appeal within a reasonable period of time. In this connection, an affidavit was also sought from the petitioner that he would vacate the place, if the appeal, for some reason is rendered against him. In this connection, the petitioner filed an affidavit and the relevant portion is as follows:

(3.) Recording the same, the second and third respondents are directed to de-seal and open the flat of the petitioner on 20.12.2019 between 3.00 pm and 5.00 pm. Regarding the all other issues, it is open to the petitioner to raise in the statutory appeal.