A.Arthur Robert v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.1635 of 2020 A.Arthur Robert ....

Petitioner Vs 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.Zonal Officer, Zone XII, Corporation of Chennai, No.1, New Street, Alandur, Chennai - 600 016.

3.Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Egmore, Chennai -600 008.

4.Church of south India, Diocese of Madras, No. 226, Cathedral Road, Chennai - 600 081.

5.The Church of South India, Trust Association, No.5, Whites Road, Royapettah, Chennai-14.

6.Rev. Sylas Gnanadoss, St. Peters church, Meenambakkam Pasorate, No.13 Kuppusamy Street, Palvandhangal, Chennai - 600 114.

....

Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, direct the respondents R1 to R3 to take action upon the respondents R4 to R6 to re-establish good shepherd clinic as well as a personage as per the gift deed Dated 13th September 1978 vide document No.1610/1978, in terms of my representation dated 09.01.2020.

For Petitioner : Mr.M.J.Sundar For R1 & R2 : Mr.D.B.R.Prabhu Standing Counsel For R3 : Mr.P.Veena Suresh Standing Counsel For R4 & R5 : Mr.Adiran D.Rozario For R6 : Mr.M.Nalla Thambi

ORDER

This Writ Petition has been filed for a direction, directing the respondents 1 to 3 to take appropriate action as against the respondents 4 to 6 to re-establish the Good Shepherd Clinic as well as a

personage as per the gift deed dated 13.09.1978 vide document No.1610 of 1978.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. It is seen that there is a dispute between the petitioner and the respondents 4 to 6. Therefore, the private dispute cannot be resolved in this writ petition, that too by way of representation.

4. In the light of the above, the prayer sought for in this writ petition cannot be maintained and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.

29.10.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.Zonal Officer, Zone XII, Corporation of Chennai, No.1, New Street, Alandur, Chennai - 600 016.

3.Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Egmore, Chennai -600 008.

29.10.2024