K.Nagarajan v. The Appeallate Authority/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2016 C O R A M THE HON'BLE MR. SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE R.MAHADEVAN Writ Appeal No.25 of 2015 K.Nagarajan ... Appellant/Petitioner

Versus

1.The Appellate Authority/Principal Secretary and Commissioner of Land Administration Chepauk, Chennai 600005.

2.The Licensing Authority and the District Collector, Dindigul.

3.M.Solairajan 4.A.M.Ravichandran 5.S.Chitrakala ... Respondents/Respondents Prayer : Writ Appeal filed under Section 15 of the Letters Patent against the order dated 18.12.2014 in WP.No.20789 of 2014, on the file of this Court.

W.P.No.20789 of 2014 : Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to her order in Rc.No.L3/CA4/2013 dated 23.7.2013 confirming the order of the 2nd respondent in R.C.23939/ 2012/C1 dated 31.5.2013 and quashing the same in so far as they went against the petitioner herein and directing the respondents 1 and 2 to forthwith issue C-Form Licence for Solai Hall Cinema Theatre, Dindigul in favour of the petitioner till the debt is fully discharged. For Appellant : Mr.Doraisamy Senior Counsel for Mr.Muthumani Doraisamy For Respondents: Mr.S.T.S.Murthi Government Pleader assisted by V.R.Kamalanathan Additional Government Pleader for R.1 and R.2 Mr.M.Premkumar for R.3 Mr.S.Subbiah for R.5

No appearance for R.4

J U D G M E N T

(Judgment of the Court was delivered by the Honourable The Chief Justice) The memo has been filed by the 5th respondent including a copy of Demand Draft No.884267 dated 08.07.2016 for Rs.40 lakhs. In terms of the agreement arrived at inter se the parties, this amount of Rs.40 lakhs has to be handed over to the appellant at the time of handing over possession. Learned counsel for the appellant states that the possession will be handed over on 14th August, 2016 to the 5th respondent with consent of all the parties.

2. Learned counsel for the parties jointly request that an Advocate Commissioner be appointed for the purposes of handing over the draft of the appellant and also for the possession to be taken from the appellant and handed over.

3. We, thus, appoint Mrs.Vijayakumari Natarajan, Advocate, 102, Law Chambers, High Court, Madras. (Mobile No.9840479851), who is present in court, as an Advocate Commissioner to carry out the aforesaid task by consent of the parties.

4. The fee of the Advocate Commissioner is fixed at Rs.30,000/- to be shared equally by the petitioner and the respondent, apart from out of pocket expenses.

5. The Advocate Commissioner to submit a report of the compliance on or before 19th August, 2016.

6. The appeal accordingly stands disposed of, leaving the parties to bear their own costs.

7. The original demand draft for Rs.40 lakhs is handed over to the Advocate Commissioner with the consent of parties.

8. We appreciate the constructive approach adopted by the parties and the learned counsel in resolving the disputes. List for compliance on 19th August, 2016.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

ksr To 1.The Appellate Authority/Principal Secretary and Commissioner of Land Administration Chepauk, Chennai 600005.

2.The Licensing Authority and the District Collector, Dindigul.

3.Mrs.Vijayakumari Natarajan, 102, Law Chamber, High Court, Chennai 104.

Copy To The Section Officer, Judicial Section, High Court, Madras.

+1cc to Mr.Muthumani Doraisamy, Advocate, S.R.No.9647 +2cc's to Mr.M.Premkumar, Advocate, S.R.No.9681 +1cc to Mr.S.Subbiah, Advocate, S.R.No.40782 +1cc to the Government Pleader, S.R.No.41102 +1cc to the Government Pleader, S.R.No.11172[23.8.16] W.A. No.25 of 2015 UG(CO) CA(27/07/2016)