Mr.S Kamala Anbarasu v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS. JUSTICE N.MALA and MP.No.1 of 2008 Kamala Anbarasu (died)

2. Anbarasu

3. Arul Anbarasu Ashokan (died on 22.07.2018)

4. Hemalatha

5. Oviya

6. Kaviya

7. Elakiya

8. Sirpy ...petitioners [P2 to P8 are substituted as LRs of the deceased P1, as per the order of this Court dated 17.12.2018 in WMP.No.38956 of 2018.] Vs.

1. The Government of Tamil Nadu Rep. by Secretary to Government, Housing & Urban Department, St. George Fort, Chennai 600 009.

2. Chennai Metropolitan Development Authority (CMDA) Rep. by its Member-Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai 600 006.

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3. The Executive Officer/President, Porur Town Panchayat, Porur, Chennai 600 116.

4. Rajeshwari

5. Padmini

6. Hemavathi

7. The Greater Chennai Corporation Rep. by its Commissioner, Rippon Building, Chennai.

8. The Zonal Officer, Zone-XI, Greater Chennai Corporation, 33 Arcot Road, Valasaravakkam, Chennai 87.

...respondents [R7 and R8 are impleaded as per the order of this Court dated 06.08.2019 in WMP.No.22827 of 2019 in WP.No.26959 of 2008] PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 2 and 3 or any other competent authorities to enforce the order of the Member-Secretary as made in Letter No.EC2/32068/2002, dated 14.10.2005 within a reasonable time as fixed by this Court.

For petitioner : Mr.V.B.Perumal Raj For respondents for R1 : Mr.Abishek Murthy, G.A.

for RR3, 7 & 8 : Ms.P.T.Ramadevi Page No.2/5

ORDER

(The Order of the Court was made by S.S.SUNDAR, J) A learned Single Judge of this Court by an order dated 03.02.2010 directed the learned counsel for the petitioner to pay batta, on or before 18.02.2010 and file proof of compliance. However, the said order is not complied till date. Hence, this Writ Petition is liable to be dismissed for default.

2. The learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition, with liberty to pursue the matter, if necessary. However, such liberty cannot be granted. But it is open to the Writ Petition to pursue the matter if it otherwise permissible in law. Accordingly, this Writ Petition is dismissed for default. No costs. Consequently, connected miscellaneous petition is closed.

(S.S.S.R.J.,) (N.M.J.,) 29.09.2022 Index : Yes / No Speaking order: Yes/No pvs Page No.3/5

To

1. The Secretary to Government, The Government of Tamil Nadu Housing & Urban Department, St. George Fort, Chennai 600 009.

2. The Member-Secretary, Chennai Metropolitan Development Authority (CMDA) No.1, Gandhi Irwin Road, Egmore, Chennai 600 006.

3. The Executive Officer/President, Porur Town Panchayat, Porur, Chennai 600 116.

4. The Commissioner, The Greater Chennai Corporation, Rippon Building, Chennai.

5. The Zonal Officer, Zone-XI, Greater Chennai Corporation, 33 Arcot Road, Valasaravakkam, Chennai 87.

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S.S.SUNDAR , J.

and N.MALA, J.

pvs 29.09.2022 Page No.5/5