M/S. Arun Enterprises, v. The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.02.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.31200 of 2014 & M.P.No.1 of 2014 Arun Enterprises .. Petitioner Vs.

1. The Chief Secretary Government of Tamilnadu Secretariat, Fort St.George Chennai 600 009.

[R1 deleted as per order dt 28.11.2014 in W.P.No.31200/2014]

2. The District Collector

3. The Tahsildar Sriperumbudur Taluk .. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the respondents to consider and pass orders on the petitioner's representation dated 10.10.2014, within the time as may be specified by this Court, to review their decision by declassify the petitioner's property at No.3/19, Kundrathur High Road, Moulivakkam, Porur, Chennai 125, from 'Danger Zone' adjacent to the infamous crashed under construction eleven-storey building at Moulivakkam, Porur, consequently, permit the petitioner carry on with its business.

For Petitioner : Mr.G.B.Sabaridas For Respondents : Mr.S.Gunaseakran, Government Advocate

O R D E R

By consent of the learned counsel on either side, the writ petitions are taken up for final disposal.

2.Heard Mr.G.B.Sabaridas, learned Counsel appearing for the petitioner, Mr.S.Gunaseakran, learned Government Advocate appearing for the respondents.

3.The petitioner seeks for issuance of a writ of mandamus to direct the respondents to consider and pass orders on the petitioner's representation dated 10.10.2014, to review their decision by declassify his property at No.3/19, Kundrathur High Road, Moulivakkam, Porur, Chennai 125, from 'Danger Zone' adjacent to the infamous crashed under construction eleven-storey building at Moulivakkam, Porur.

4.The grievance of the petitioner is that his property is situated near the multi storied building complex which had collapsed in Moulivakkam, Porur, Chennai and the entire area has been termed as 'danger zone'. The petitioner wants the ban to be lifted so as to utilise his property.

5.The learned counsel for the petitioner submitted that pending Writ Petition, the first respondent has passed an order on 06.12.2014 and the order is partially favourable to the petitioner. 6.Therefore, to that extent, the petitioner can take advantage of that order. However, if the petitioner is aggrieved over the other portion of the order, liberty is granted to him to question the same in the manner known to law.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar rpa To

1. The District Collector

2. The Tahsildar Sriperumbudur Taluk +1 CC to Mr.G.B.Sabaridas Advocate, SR.7502 +1 CC to Government Pleader,SR.7454

O R D E R

W.P. No.31200 of 2014 RK(CO) DRL : 21/02/2014