IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 19.01.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.26681 of 2009 & M.P.No. 1 of 2009 G.Ganapathy .. Petitioner. Versus 1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai- 600 003. 2.The Health Officer, Corporation of Chennai, Ripon Building, Chennai- 600 003. 3.The Assistant Commissioner, Corporation of Chennai, Zone VIII,Arcot Road, Kodambakkam, Chennai- 600 024 4.CORNUCOPIA Restaurant owned By A Squared V Hospitality Services P Ltd., Ground Floor, New No.30, Old No.12, Cenotaph Road,Teynampet, Chennai- 600 018. .. Respondents. Prayer: Petition filed seeking for a writ of Mandamus to direct the respondent 1 to 3 to remove the seal affixed in the Fourth Respondent Restaurant in the Ground Floor of the premises bearing New Door No.30,Old No.12, Cenotaph Road,Teynampet,Chennai- 600 018. For Petitioner : M/s.C.Ravindran For Respondents : Mr.E.R.K.Moorthy (1 to 3) For 4th respondent : Mr.V.Chandrakanthan https://hcservices.ecourts.gov.in/hcservices/ O R D E R This Writ Petition has been filed praying for a Writ of Mandamus to direct the respondents 1 to 3 to remove the seal affixed in the Fourth Respondent Restaurant situated in the Ground Floor of the premises bearing New Door No.30,Old No.12, Cenotaph Road,Teynampet,Chennai- 600 018. 2. The petitioner has stated that he is the owner of the premises bearing New Door No.30,Old No.12, Cenotaph Road,Teynampet,Chennai- and he had let out the said premises to M/s.A.Squared V.Hospitality services P Ltd., for the purpose of running a restaurant, under the name and style of "CORNUCOPIA ", the 4th respondent herein, on a monthly rent. They have been running restaurant for the past six years, after obtaining the necessary licenses from the respondents 1 to 3, as well as from the other authorities concerned. Whileso, the 2nd and the 3rd respondents had sealed the premises, unauthorisely, without issuing any notice, either to the petitioner or to the 4th respondent. No reasons have been given by the respondents 1 to 3 for sealing the premises in question. In such circumstances, the petitioner has preferred this Writ petition for the aforesaid relief. 3. At this stage of the hearing of this Writ Petition, the 4th respondent has filed an affidavit dated 19.01.2010, which reads as follows. "1. I submit that I am the Managing Director 4th respondent herein and as such I am well acquainted with all facts and circumstances of the case. 2. I submit the petitioner herein let out the ground floor of the premises Old No.12,New No.30, Cenotaph Road,Teynampet,Chennai- 600 018 to me to run the Restaurant. I submit I having a valid license to run the Restaurant upto March 2010. 3. I submit the respondents 1 to 3 without notice illegally sealed my Restaurant on 28.08.2009. I submit because of the illegal action of the respondents 1 to 3 I had suffered heavy loss to several lakhs of rupees. I further submit the furniture,utensils and other materials are inside the premises. I submit because of the sealing of the premises by the respondents 1 to 3 I am unable to remove the same. https://hcservices.ecourts.gov.in/hcservices/ 4.I submit the petitioner is my landlord who has filed the above writ petition against the respondents 1 to 3 herein to remove the seal affixed on my restaurant premises. I submit that I have no objection for removing the illegal seal affixed by the respondents 1 to 3. 5.I undertake that I will not run the Restaurant in the event of the seal is removed by the respondent corporation. I further submit in respect of loss sustained by me because of the illegal action of the respondents 1 to 3, I reserve my right to initiate appropriate legal action including claiming damages against the respondents 1 to 3. 6. I am filing this affidavit only as an undertaking that I will not run the Restaurant in the premises Ground Floor, New No.30, Old No.12, Cenotaph Road, Teynampet, Chennai- 600 018." 4. In view of the undertaking given by the 4th respondent, the learned counsel appearing for the respondents 1 to 3 had submitted that the lock and the seal put on the premises in question would be removed, forthwith. 5. In view of the said averments made on behalf of the petitioner and in view of the undertaking given by the 4th respondent, the respondents 2 and 3 are directed to remove the lock and the seal put on the premises in question within 10 days from the date of receipt of the copy of this order. 6. With the above directions, the writ petition is disposed of. No costs. Consequently connected M.P. is closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar arr https://hcservices.ecourts.gov.in/hcservices/ To 1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai- 600 003. 2.The Health Officer, Corporation of Chennai, Ripon Building, Chennai- 600 003. 3.The Assistant Commissioner, Corporation of Chennai, Zone VIII,Arcot Road, Kodambakkam, Chennai- 600 024 + 1 CC to Mr.C.Ravichandran, Advocate,SR.2953 + 1 CC to Mr.E.R.K.Moorthy,Advocate,SR.3246 + 1 CC to Mr.Chandrakanthan,Advocate,SR.2999 Writ Petition No.26681 of 2009 KSJ (CO) SS (21.01.2010) https://hcservices.ecourts.gov.in/hcservices/