Mr Sittarasu v. Pandia Raja Raja Sri Mana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.NO.10837 of 2005 Mr. Sittarasu, Rep. by Power of Attorney R.Sundar No.45-B Alandur Thiruvalluvar Nagar ... Petitioner Vs.

1.Pandia Raja Raja Sri Mana Veera Vazha Naden Trust, Rep. by its Hereditary Managing Trustee Mana Veera Vazha Nadan Arumuga Pandian Maana Veera Vazha Nattu Ambala Coodam Komdikattai, Sattankulam Taluk Thuthkudy District.

V.Rajalakshmi (deceased)

2. C.Mohan 3.N.Saraswathi 4.C.Vilaylakshmi 5.The Managing Director, T.V.S. Finance and Service Ltd., (Former Haritha Investment and Finance (P) Ltd. No.-8 Haddows Road Chennai-6 1/5

6.The Chairman Tamilnadu Housing Board, Nandanam Chennai-35.

... Respondent Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records from OS.No.3191 of 2004 on the file of the II Assistant City Civil Court, Chennai, dismiss the same and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

For Petitioner : M/s.T.Balaji For Respondent : R.1- Died : R.2 - Not ready in notice : R.3 & R.4 - M/s.S.Ramesh : R.5 &R6. No appearance

O R D E R

The learned counsel for the petitioner seeks permission of this Court to withdraw the above Civil Revision Petition with a liberty to file appropriate petition after disposal of the Civil Appeals in C.A.Nos.54145415/2010, C.A.Nos.5423-25/2010 and C.A.Nos.5444-5445/2010 and he has also field a memo to that effect.

2. A memo dated 03.02.2025 has been filed by the petitioner stating as follows:- 2/5

" 2. In respect of the very same subject matter which is litigated by petitioner and 1st respondent, writ petitions and public interest litigations in W.P Nos 8618 of 2006, 4950 of 2007, 8624 of 2007, 8625 of 2007 and 4950 of 2007 was pending and finally decided by Division Bench of this Hon'ble Court on 5.10.2007.

3. As against the same, petitioner herein and other aggrieved landowners/Developer have preferred SLP before Hon'ble Supreme Court and leave was granted by Hon'ble Supreme Court. The civil appeals in C.A No 54145415/2010, 5423-25/2010 and C.A Nos 5444-5445/2010 are pending. Interim orders have been granted and the appeals are being listed for final hearing.

4. In the light of above facts and subsequent events, petitioner seeks leave of this Hon'ble Court to withdraw the above revision petitions with liberty to file appropriate petition, after disposal of appeals by Hon'ble Supreme Court of India."

3/5

3. The learned counsel for the respondent has no objection to the liberty being granted.

4. In view of the above, this Civil Revision Petition is dismissed as withdrawn granting liberty to the petitioner to file appropriate petition after disposal of the Civil Appeals in C.A.Nos.5414-5415/2010, C.A.Nos.542325/2010 and C.A.Nos.5444-5445/2010. The memo dated 03.02.2025 is taken on file. No costs. Consequently, the connected Miscellaneous Petition is closed.

03.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Chairman Tamilnadu Housing Board, Nandanam Chennai-35.

2. The II Assistant City Civil Court, Chennai. 4/5

P.T. ASHA . J., (shr) and CMP.NO.10837 of 2005 03.02.2025 (2/5) 5/5