M/S.Evangelical Church Of India v. Chennai Metropolitan Water Supply And Sewerage Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 20th DAY OF JANUARY 2022 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S. No.9 of 2019 and A.Nos.128 and 129 of 2019 M/s.Evangelical Church of India, Administrative Office, No.1, 2nd Street, Ormes Road, Kilpauk, Chennai - 600 010.
Represented by its General Secretary, Rev.Sundara Raj Johnson ...Applicant/Plaintiff Vs 1.Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chindadripet, Chennai - 2, Represented by its Executive Engineer, Regional Office-1.
2.The Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepakkam, Chennai - 5.
Represented by its Chairman.
...Respondents/Defendants
Civil Suit praying that this Hon'ble Court be pleased to pass a Judgment and decree:- (i) Permanent Injunction Restraining the 1st Defendant, its men agents and all persons, claiming under them from in any manner disturbing the plaintiff's peaceful possession and enjoyment of the suit
property except due process of law.
(ii) Mandatory injunction directing the 2nd Defendant to ascertain the value to be paid for the suit land on the basis of guideline value or any reasonable value, to enable the Plaintiff to pay the same and obtain Sale Deed in respect of the suit land.
(iii) To pay the cost of the suit.
A.Nos. 128 of 2019:- Application praying that this Hon'ble Court be pleased to permit the applicant/plaintiff to amend the existing suit schedule. All that land and building Gandhi Nagar Scheme, New Avadi Road, Block B, Ayanavaram, Purasawalkam - Perumbur Taluk measuring 1659 Sq.ft. with the following suit schedule: "All that land and Church building known as "ECI Church" (Evangelical Church of India) having Door/bunk No.28, Gandhi Nagar, New Avadi Road, Chennai - 600 038, Comprised in part of Survey No.T.S.No.4/1 (Part), Ayanavaram - 2 Village, Block No.8, Ayanavaram Taluk, Chennai District, measuring an extent of about 1659 Sq.Ft., bounded on the North by: land in T.S.No.4/2, South by: Vacant Land (Passage) and New Avadi Road, East by: land in S.No.4/1, West by: TNSCB Flat and Vacant land in S.No.4/1"
A.No.129 of 2019:- Application praying that this Hon'ble Court be pleased to permit the applicant/plaintiff to amend the existing suit schedule. All that land and building Gandhi Nagar Scheme, New Avadi Road, Block B, Ayanavaram, Purasawalkam - Perumbur Taluk measuring 1659 Sq.ft. with the following suit schedule: "All that land and Church building known as "ECI Church" (Evangelical Church of India) having Door/bunk No.28, Gandhi Nagar, New Avadi Road, Chennai - 600 038, Comprised in part of Survey No.T.S.No.4/1 (Part), Ayanavaram - 2 Village, Block No.8, Ayanavaram Taluk, Chennai District, measuring an extent of about 1659 Sq.Ft., bounded on the North by: land in T.S.No.4/2, South by: Vacant Land (Passage) and New Avadi Road, East by: land in S.No.4/1, West by: TNSCB Flat and Vacant land in S.No.4/1".
This Suit along with the applications coming on this day before this court for hearing in the presence of Mr.A.M.Packianathan Easter, Advocate for the Plaintiff in C.S.No.9 of 2019 and for the applicant in A.Nos.128 and 129 of 2019, and Mr.G.Janakiraman, Advocate for the 1st defendant in C.S.No.9 of 2019 and for the 1st respondent in A.Nos.128 and 129 of 2019 and Mr.S.Prabhu, Advocate for the 2nd defendant in C.S.No.
A.Nos.128 and 129 of 2019, and upon reading the plaint filed herein, and the order dated 08.03.2019 made in O.A.No.3 of 2019 and A.Nos.128 and 129 of 2019 in C.S.No.9 of 2019, and the learned counsel for the plaintiff herein seeks permission of this court to withdraw this suit and this court doth recording the said statement, it is ordered as follows:
That the suit in C.S.No.9 of 2019 be and is hereby dismissed as withdrawn.
2. That the A.Nos.128 and 129 of 2019 do stand closed.
3. That there shall be no costs of this suit. WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 20th DAY OF JANUARY 2022. Sd/- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
MU 21.02.2022 C.S. No.9 of 2019 and A.Nos.128 and 129 of 2019
ORDER
DATED : 20.01.2022 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 22.02.2022 APPROVED ON: 25.02.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2022
CORAM
THE HONOURABLE Mr.JUSTICE ABDUL QUDDHOSE C.S.No.9 of 2019 and A.Nos.128 and 129 of 2019 M/s.Evangelical Church of India, Administrative Office, No.1, 2nd Street, Ormes Road, Kilpauk, Chennai - 600 010.
Represented by its General Secretary, Rev.Sundara Raj Johnson ... Plaintiff Vs 1.Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Board, Chindadripet, Chennai - 2, Represented by its Executive Engineer, Regional Office-1.
2.The Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepakkam, Chennai - 5.
Represented by its Chairman.
...Defendants Plaint under Order IV Rule 1 of Original Side read with Order VII Rule 1 CPC Rules praying to pass a judgment and decree against the defendants.
(a) Permanent Injunction restraining the 1st Defandant, its men agents and all persons, claiming under them from in any manner disturbing the
Plaintiff's peaceful possession and enjoyment of the suit property except due process of law;
b) Mandatory injunction directing the 2nd Defendant to ascertain the value to be paid for the suit land on the basis of guideline value or any reasonable value, to enable the Plaintiff to pay the same and obtain Sale Deed in respect of the suit land.
For Plaintiff : Mr.A.M.Packianathan Easter For D2 : Mr.S.Prabhu For D1 : Mr.G.Janakiraman
JUDGMENT
Mr.A.M.Packianathan Easter, learned counsel for the plaintiff, seeks permission of this Court to withdraw this suit. The said statement is recorded.
2. Accordingly, this suit is dismissed as withdrawn. No costs. Consequently, connected applications are closed. Sd./-A.Q.J.
20.01.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.