Madras High CourtWA/1086/2017closed

Union Carbide Kudiyiuppor v. The Federation Of Civic And

2017-10-13Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WA.No.1086/2017 and CMP.15133 of 2017 M/s.Union Carbide Kudiyiruppor Nalavazhvu Sangam, 119A, Union Carbide Colony, Old Pallavaram, Chennai 600 117 .. Appellant / 10th respondent Vs

1. M/s.Federation of Civic and Welfare Associations of Pallavaram Municipality, (Registration No.175 of 1986) Pallavaram Nagara Kudiyirupor Nalavazhvu, Sangangalin Inaippu Maiyam, Rep. by its Vice President, Having its Office at No.66, II Cross Street, AGS Colony, Chrompet, Chennai 600 044 ..First Respondent / Petitioner

2. The Government of India, Rep. by its Secretary to Government, Department of Art, Culture and Language, Government of India, New Delhi.

3. The Archeological Survey of India, Chennai Circle, Government of India, Fort St. George, Secretariat, Chennai 600 009 Rep. by its Superintending Archeologist.

4. The Chennai Metropolitan Development Authority, (CMDA), Rep. by its Member Secretary, "Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008

5. The Member Secretary and Commissioner, Department of Archeology and Competent Authority, TN, Archeological Survey of India, Chennai and Trissur Circle, Tamil Valarchi Vazhagam, Halls Road, Egmore, Chennai - 600 008

6. The Commissioner, Pallavaram Municipality, Pallavaram, Chennai 600 043.

7. The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep by its Chairman, 800, Anna Salai, Chennai 600 002.

8. The Superintending Engineer, Tangedco, CNDC/South, 110, KVSS Complex, K.K.Nagar, Chennai 79

9. The Executive Engineer (O&M) Tangedco, 11-N Shanmugam Road, Tambaram, Chennai 600 043

10. The Assistant Engineer, O&M, Pallavaram East CNDC/ South, TANGEDCO, Chennai - 43. .. 2 to 10th Respondents/ 1 to 9th respondents Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 22.08.2017 passed by this Court in WP No.12753 of 2013.

WP.No.12753 of 2013 Prayer:

To issue a writ of certiorarified Mandamus or any other appropriate writ, order or Direction in the Nature of writ of certorarified Mandamus calling for the records relating to the Proceedings of the 3rd respondent in Letter No.C1/H/5915/2010 dated 18.06.2010 and of the 2nd respondent in letter No.33/SUR/2010/2652 dated 09.06.2010 in so far as it relates to Sl.No.7 of 2nd respondents letter relating to Tambaram taluk Kanchipuram District of an extent of 21.77 acres in survey No.63 and 36.15 acres in survey NO.56 of Pallavaram village, Tambaram Taluk, Kancheepuram District, and quash the Same and consequently, forebear the respondents herein, from in any manner, interfering with the right of the members of Petitioner's Associations from putting up any constructions and carrying out repairs, renovations or making modifications to their existing buildings or the the facilities to the buildings located in and around the area covered under survey Nos.56 and 63 of Pallavaram villages, Tambaram Taluk,

Kancheepuram District.

For Appellant : Mr.S.Rajeni Ramadoss For Respondents : Mr.Su.Srinivasan, Additional Standing Counsel for R2 Mrs.M.E.Rani Selvam for Additional Government Pleader for R3 Mr.N.Sampath, Standing Counsel for R4 and R5 Mr.P.Srinivas, for R6 NA for R1, R7 to R10

JUDGMENT

[Judgment of the Court was delivered by M.SATHYANARAYANAN, J.] In the light of the Joint Inspection conducted and that the report was submitted before the learned Single Judge, who has seized of the matter in the writ petition, nothing survives for adjudication in this writ appeal and therefore, it is closed. The appellant who is the 10th respondent in the writ petition, is at liberty to work out their remedy in the manner known to law. No costs. Consequently, the connected miscellaneous petitions are also closed.

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