M.V.Raajah, v. The Commissioner Cum Estate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2017
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.Nos.5024 to 5026 of 2017 and WMP Nos.5293 to 5295 of 2017 M.V.Raajah
...Petitioner in all W.Ps.
Vs.
1. The Commissioner cum Estate Officer,
2. The Assistant Commissioner, Revenue and Finance,
3. The Revenue Officer,
...Respondents in all W.Ps.
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus or any other appropriate order or direction in the nature of writ calling for the records from the file of the 3rd respondent made in DN.53 dated 4.2.2017 and 24.2.2017 issued in respect of the premises at D.No.9(9A), D.No.8(9A &9) and D.No.2, Dr.Vijayaragavalu Road, Old Washermanpet, Chennai - 600 021, respectively and quash the same and further direct the respondents to grant license to the petitioners as per the representation dated 10.09.2015.
For Petitioner in all W.Ps.
:
Mr.C.Kulanthaivel For Respondents in all W.Ps.
:
Mr.K.Venkataramani Addl Advocate General Assisted by Mr.P.V.Selvakumar Additional Government Pleader
COMMON ORDER These writ petitions have been filed challenging the impugned notices issued by the third respondent dated 04.02.2017 and 24.02.2017, in pursuant to the proceedings initiated already under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975.
2.Learned counsel appearing for the petitioner would submit that as against the order passed earlier, an appeal has been filed before the jurisdictional Appellate Authority/Court, which was allowed with a liberty to proceed afresh. 3.If that is the position, this impugned order, being consequential, does not survive. Accordingly, this writ petitions stand closed giving liberty to the first respondent to proceed afresh, in pursuant to the order passed by the Appellate Authority in the proceedings initiated under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975. No costs. Consequently, connected miscellaneous petitions are closed.
4.At this juncture, it is submitted by the learned counsel for the petitioner that proceedings have already been initiated under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 by issuing notice to the petitioner. 5.Therefore, in view of the subsequent development, nothing survives for adjudication. Liberty is given to the petitioner to appear before enquiry and put forth his case. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To
1. The Commissioner cum Estate Officer,
2. The Assistant Commissioner, Revenue and Finance,
3. The Revenue Officer, +1cc to M/s.C.Kulainthaivel, Advocate SR.No.19670 +1ccto M/s.P.V.Selvakumar, Advocate SR.No.19567 W.P.Nos. 5024 to 5026 of 2017 and WMP Nos.5293 to 5295 of 2017 NRII(CO) GN(10/04/2017)