M/S Universal Granite v. The Chairman And Managing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.13747 of 2008 and MP.No.1 of 2008 M/s.Universal Granite Industries (P) Ltd., Rep. by its Power of Attorney, Logos Constructions (P) Ltd., Rep. by its Managing Director, S.S.Anthony ..Petitioner vs

1. The Chairman and Managing Director, SIPCOT, Chennai 600 008.

2. The Executive Officer, Mutakadu Panchayat, Mutakadu, Chengalpattu Taluk, Kancheepuram District.

3. The District Collector, Kanchipuram District, Kanchipuram.

4. The Secretary, Revenue Department, Chennai 600 009.

..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India seeking for a Writ of Mandamus, forbearing the 1st respondent from in any way disturbing the possession and enjoyment of the petitioner in any way by altering the physical feature including preventing the petitioner of ingress and egress to the property situate in Survey Nos.48 and 49 of Ekattur Village abutting Survey Nos.55/1A and 55/2A of Ekattur Village, Chengalpattu Taluk, Kancheepuram District.

For Petitioner : Mr.V.R.Thangavelu for Mr.R.Ramanlaal For Respondents : Mrs.Sudharshana Sundar, for R1 Mr.A.N.Thambidurai, Spl.G.P.

for RR2 to 4

ORDER

Heard the learned counsels appearing for the petitioner, learned counsel appearing for the first respondent and the learned Special Government Pleader appearing for the respondents 2 to 4.

2. This Writ Petition has been filed for issuance of a Writ of Mandamus to forbear the 1st respondent from in any way disturbing the possession and enjoyment of the petitioner by altering the physical feature including preventing him of ingress and egress to the property situated in Survey Nos.48 and 49 of Ekattur Village abutting Survey Nos.55/1A and 55/2A of Ekattur Village, Chengalpattu Taluk, Kancheepuram District.

3. It is represented by the learned counsel for the petitioner that during the pendency of the Writ Petition, a meeting was convened by the first respondent on 18.07.2017 and subsequently, the first respondent had issued a letter dated 15.09.2017, thereby agreeing to consider the petitioner's request after withdrawal of the Writ Petition.

4. The learned counsel for the petitioner seeks permission to withdraw the Writ Petition.

5. The learned Standing Counsel for the respondents 2 to 4 would state that the prayer sought for in the Writ Petition is not maintainable.

6. On perusal of the records, it is seen that after issuing the letter dated 15.09.2017, the matter was referred to the Mediation and after elaborate discussion, amicable solution could not be reached. It is submitted by learned counsel for the first respondent that he is ready to consider the request of the petitioner in accordance with law.

7. In the light of the submissions of the learned counsel for the petitioner and the learned counsel for the first respondent, this Court directs the first respondent to consider the request of the petitioner as prayed for in this Writ Petition, in accordance with law within a period of three months from the date of receipt of a copy of this order. Till such time, the parties are directed to maintain status quo.

8. With the above observation and directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar pvs To

1. The Chairman and Managing Director, SIPCOT, Chennai 600 008.

2. The Executive Officer, Mutakadu Panchayat, Mutakadu, Chengalpattu Taluk, Kancheepuram District.

3. The District Collector, Kanchipuram District, Kanchipuram.

4. The Secretary, Revenue Department, Chennai 600 009.

+1cc to Mr.Sudharshana Sundar, Advocate, S.R.No. 45192 +1cc to Mr.R.Raman Laal, Advocate, S.R.No. 45971 +1cc to the Government Pleader, S.R.No. 45827 W.P.No.13747 of 2008 PPA(CO) GN(18/07/2019)