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Madras High CourtWP/28190/2011disposed of

Muthamizh Peravai Charitable v. The Government Of Tamil Nadu,

2021-10-01Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.28190 of 2011 and M.P.No.2 of 2011 and M.P.No.1 of 2012 Muthamizh Peravai Charitable Trust, Rep. by the Secretary, No.92, Durgabai Deshmukh Road, R.A.Puram, Chennai-600 028.

... Petitioner Vs

1. The Government of Tamil Nadu, Rep. by the Chief Secretary to Govt., Secretariat, Chennai-600 009.

2. The Secretary to Government, Secretariat, Chennai-600 009.

3. Mr.S.Saikumar, I.A.S, Secretary to Government, Secretariat, Chennai-600 009.

4. The Engineer-in-Chief (Buildings),

5. The Chief Engineer(Buildings), Chennai Region,

6. The Chief Engineer(General), Chennai Region,

7. The Executive Engineer, South Presidency Division,

8. The Secretary to Government, Tamil Development Religious Endowment, and Information Department, Fort St.George, Chennai-600 009.

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified mandamus, calling for the records pertaining to the G.O.Ms.No.237 dated 05.11.2011 passed by the 2nd respondent, and quash the same and consequentially forbearing the respondents from any way and in any manner interfering with the petitioner's peaceful possession and enjoyment of property situated in Survey No.4269/3, Mylapore Village and Taluk, Chennai District including the Auditorium viz. "T.N.Rajarathinam Kalai Arangam" in the said property.

For Petitioner :

Mr.Adithya Raj for M/s.Wilson Associates For Respondents :

Mr.R.Shanmuga Sundaram Advocate General, assisted by Mr.P.Muthukumar Government Pleader

O R D E R

The Government order issued in G.O.Ms.No.237 dated 05.11.2011 passed by the 2nd respondent is under challenge in the present writ petition and a consequential prayer to forbear the respondent in any way and in any manner interfering with the petitioner's peaceful possession and enjoyment of property is also sought for.

2.The learned Advocate General furnished the copy of the Government letter No.9049/H1/2021-3 dated 24.09.2021 wherein the Government has stated that the representations submitted by the writ petitioner could be taken up for consideration by the Government for further action provided in W.P.Nos.26683, 28190 of 2011 and W.P. No.30382 of 2016.

3. In view of the fact that the Government has expressed its intention to consider the application through the said letter,

no further adjudication needs to be undertaken by this Court at this juncture and thus, the writ petition stands disposed of with the liberty to parties to approach the Government to redress their grievance in the manner known to law. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ars/mka To 1.The Chief Secretary to Goverment, Secretariat, Chennai-600 009.

2.The Secretary to Government, Secretariat, Chennai-600 009.

3.Mr.S.Saikumar, I.A.S, Secretary to Government, Secretariat, Chennai-600 009.

4.The Engineer-in-Chief (Buildings), 5.The Chief Engineer(Buildings), Chennai Region, 6.The Chief Engineer(General), Chennai Region, 7.The Executive Engineer, Public Works Department, South Presidency Division,

8.The Secretary to Government, Tamil Development Religious Endowment, and Information Department,Fort St.George, Chennai-600 009.

+1cc to the Government Pleader Sr No.52025 W.P.No.28190 of 2011 PA (CO) PR (26/10/2021)