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Madras High CourtWA/317/2024disposed of

Ramani v. The Managing Director

2024-01-31Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Ramani ..

Appellant Vs.

1. The Managing Director Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Salai, Chennai - 600 005.

2. The Executive Engineer Zone - 3, Tamil Nadu Urban Habitat Development Board T.P.Chatram, Chennai - 600 010.

3. The Estate Officer Zone - 3, Tamil Nadu Urban Habitat Development Board T.P.Chatram, Chennai - 600 010.

4. The Thirumoolar Colony Narpani Munnetra Sangam Rep. by its President, K.Ganesan, S/o Krishnan No.13/26, Vivekanandan Street Thirumoolar Colony, Anna Nagar West Chennai - 600 040.

..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 08.01.2024 in W.M.P.No.32996 of 2023 in W.M.P.No.21516 of 2023 in W.P.No.22109 of 2023.

For the Appellant : Mr.R.Arumugam For the Respondents : Mr.S.Karthikeyan for R1 to R3

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.R.Arumugam, learned counsel for the appellant and Mr.S.Karthikeyan, learned counsel for respondents 1 to 3.

2. The present appeal is filed against the order passed by the learned Single Judge, refusing to grant stay.

3. Learned counsel for the appellant submits that against the order of cancellation of allotment, the appellant filed a Special Leave Petition (SLP) before the Apex Court. The Apex Court dismissed the said SLP. The appellant filed a review of the order passed by the Apex Court, dismissing the SLP. According to learned counsel for the appellant, the appellant is seeking interim order till the review is taken up by the Apex Court.

4. The allotment made in favour of the appellant is canceled. The said cancellation is confirmed upto the Apex Court. The Apex Court has dismissed the SLP filed by the appellant under a detailed order dated 24.11.2022. The contention of the appellant is that the appellant has filed a review of the said order, dismissing the SLP. He wants protection till the review is taken up by the Apex Court.

5. If the Apex Court is already seized with the matter, it would not be appropriate for this Court to entertain the present matter. In view of that, it would not be possible to accept the contentions of the appellant. The propriety also would not permit the Court to pass any further orders in view of the fact that the SLP has been dismissed by a detailed order.

6. On humanitarian ground, we direct the appellant to vacate the subject premises within a period of one month, i.e., on or before 29.02.2024. We have granted the time in view of the undertaking

given by the appellant. If the appellant fails to vacate the premises within the time stipulated above, then the appellant would make herself liable for contempt for breach of the undertaking.

7. The writ appeal, accordingly, stands dismissed with the aforesaid observations. There shall be no order as to costs. Consequently, C.M.P.No.1955 of 2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 31.01.2024 Index : Yes/No drm

To

1. The Managing Director Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Salai, Chennai - 600 005.

2. The Executive Engineer Zone - 3, Tamil Nadu Urban Habitat Development Board T.P.Chatram, Chennai - 600 010.

3. The Estate Officer Zone - 3, Tamil Nadu Urban Habitat Development Board T.P.Chatram, Chennai - 600 010.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 31.01.2024