Puneet Gupta v. The Secretary, Housing And
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 12.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.Nos.39236 & 39237 of 2004 and W.M.P.Nos.46809 & 46811 of 2004 Puneet Gupta ... Petitioner in both WPs Vs
1. State of Tamilnadu Rep. by its Secretary, Housing & Urban Development Department, Chennai - 600009.
2. The Sub-Registrar, Thiruporur, Chengalpet Taluk, Kancheepuram District.
3. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, No.8, Gandhi Irwin Road, Egmore, Chennai - 600008.
... Respondents 1 to 3 in both WPs
4. Rajesh Chelapurath ... Respondent 4 in WP.39236/2004
5. Deepa Poduval ... Respondent 5 in WP.39236/2004
6. Divya Poduval ... Respondent 4 in WP.39237/2004 PRAYER in W.P.No.39236 of 2004:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in G.O.Ms.No.241 dated 19.09.2003, Housing and Urban Development (UD-III-1) Department passed by the 1st respondent banning registration of sale of the property comprised in Survey No.30/2B at Village No.45, Thiruvidhandhai Group Village of Kunnakadu, Chengalpet Taluk, Kancheepuram District, measuring an extent of 0.964 acres and quash the same and direct the 2nd respondent herein to permit to sell the property of the petitioner by executing a sale deed in favour of respondents 4 & 5 without taking into consideration the said Government Order dated 19.09.2003.
PRAYER in W.P.No.39237 of 2004:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in G.O.Ms.No.241, dated
19.09.2003, Housing and Urban Development (UD-III-1) Department passed by the 1st respondent banning registration of sale of the property comprised in an extent of 0.77 cents in Survey No.30/2B and 0.23 1/2 cents in Survey No.30/2A in all 1.05 acres situated in Paimash No.40 to 44 part at Kunnakadu Village, Thiruvidhandhai, Chengalpet Taluk, Kancheepuram District, and quash the same and direct the 2nd respondent herein to permit to sell the property of the petitioner by executing a sale deed in favour of the fourth respondent without taking into consideration the said Government Order dated 19.09.2003. For Petitioner : Mr.C.Seethapathy (in all WPs) For Respondents: Mr.S.Suresh Kumar, (in all WPs) Government Advocate for R1 Mr.P.P.Purushothaman, Government Advocate for R2 Mrs.P.Veena Suresh, Standing Counsel (CMDA\) for R3 No Appearance for R4 & R5
O R D E R
Today, when the matter was called, the learned Government Advocate produced a copy of G.O.(Ms).No.100, Housing and Urban Development (UDIII (1) Department, dated 21.03.2007, whereby the earlier order passed in G.O.(Ms) No.241, Housing & Urban Development Department, dated 19.09.2003 has been cancelled.
2. In view of G.O.Ms.No.100, Housing and Urban Development (UDIII (1) Department, dated 21.03.2007, no effective orders can be passed in the present writ petitions. Accordingly, the writ petitions stand closed. Consequently connected miscellaneous petitions are closed. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vum To
1. The Secretary, State of Tamilnadu Housing & Urban Development Department, Chennai - 600009.
2. The Sub-Registrar, Thiruporur, Chengalpet Taluk, Kancheepuram District.
3. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, No.8, Gandhi Irwin Road, Egmore, Chennai - 600008.
+1cc to Mr.C.Seethapathy, Advocate, S.R.No.30721 +1cc to the Government Pleader, S.R.No. 37699 W.P.Nos.39236 & 39237 of 2004 & W.M.P.Nos.46809 & 46811 of 2004 RSI(CO) CS/08/07/2019