S Janakiraman v. The Secretary To The Govt. Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P.B. BALAJI W.A.No.748 of 2011 1.S.Janakiraman 2.J.Gajapathy 3.J.Sridhar 4.St.Alfred Education Trust, Represented by its Managing Trustee, Dr.John Alfred, Egmore, Chennai-600 008 ... Appellants versus 1.The Secretary to the Government of Tamil Nadu, Housing & Urban Development (UD3(1)) Department, Chennai-600 009.
2.The Special Deputy Collector, (LA), Chennai Metropolitan Development Authority, Chennai- 600 008.
3.Chennai Metro Rail Limited, 4.The Secretary to the Government of Tamil Nadu, Chennai-600009. ... Respondents 1/6
R4-Impleaded as party respondent vide order dated 26.03.2012 in M.P.No.2/11 in W.A.No.748/2011 For Appellants : Mr.V.P.Sengottuvel Senior Counsel for Mr.K.K.Nishanth For Respondents : Mrs.Geethathamarai Selvan Special Government Pleader for respondents 1 and 4 Mr.Ritachandrasekar for third respondent Mrs.K.Mageswari Standing Counsel for (CMDA) second respondent PRAYER: Writ Appeal filed under Clause 15 of the Letter Patent against the order dated 21.12.2010 in W.P. No.32252 of 2004. W.P.No.12044 of 2011 St.Alfred Education Trust, Represented by its Chairman, Dr.John Alfred, Egmore, Chennai-600 008 ... Petitioner versus 1.Chennai Metropolitan Development Authority, Represented by its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.Chennai Metro Rail Limited, 2/6
3.The Secretary to the Government of Tamil Nadu, Chennai-600009. ... Respondents R3-Impleaded as per order dated 26.03.2012 in M.P.No.2/11 & M.P.No.1/11 in W.A.No.748/2011 & W.P.No.12044/2011 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Certiorari calling for the entire records of the first respondent herein which culminated in the Notice dated 25.04.2011 with respect to the land and buildings comprised in S.Nos.159/1 to 6, 160/1 to 4, 163/1 and 2, 183/4 and 5, 188 and 57/1 to 11 situated at Koyambedu Village, Egmore -Nungambakkam Taluk, Chennai District.
For Petitioner: Mr.V.P.Sengottuvel Senior Counsel for Mr.K.K.Nishanth For Respondents : Mrs.Geethathamarai Selvan Special Government Pleader for third respondent Mr.Ritachandrasekar for second respondent (CMRL) Mrs.K.Mageswari Standing Counsel for (CMDA) first respondent COMMON JUDGMENT (Judgment of the Court was delivered by D.KRISHNAKUMAR, J.) Learned counsel appearing for the third respondent in Writ Appeal, has filed a counter-affidavit before this Court by stating that 3/6
the third respondent has already taken possession of the land in question and at present the land in question is in the exclusive possession and control of the third respondent and a compound wall has also been constructed in the aforesaid property.
2. Learned counsel for the appellant has submitted that the said statement made in the counter affidavit by the third respondent may be recorded and appropriate orders may be passed.
3. In view of the above submissions made by the learned counsel for the appellant, the statement made in the counter-affidavit, by the third respondent, is recorded and the writ appeal and writ petition stand disposed of. There will be no order as to costs. M.P.Nos.1 of 2011 & 1 of 2014 are closed.
[D.K.K., J.] [P.B.B., J.] 27.07.2023 Index : Yes/No mrn 4/6
To 1.The Secretary to the Government of Tamil Nadu, Housing & Urban Development (UD3(1)) Department, Chennai-600 009.
2.The Special Deputy Collector, (LA), Chennai Metropolitan Development Authority, Chennai- 600 008.
3.Chennai Metro Rail Limited, 4.The Secretary to the Government of Tamil Nadu, Chennai-600009.
5/6
D.KRISHNAKUMAR, J.
and P.B. BALAJI, J.
(mrn) W.A.No.748 of 2011 & W.P.No.12044 of 2011 27.07.2023 6/6