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Madras High CourtWP/5352/2020withdrawn dismissed

M/S. Terapanth Educational And Medical Trust, v. The Government Of Tamil Nadu

2023-07-17Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA and W.M.P.Nos.6306,6307 & 7016 of 2020 W.P.No.5352 of 2020 M/s. Terapanth Educational and Medical Trust, rep. by its Chairman, Mr.Chaganmal Dhoka, S/o MisrimullDhoka, No.32, Vadamalai Street, Sowcarpet (Kondithope), Chennai - 600 079.

... Petitioner Vs.

1. The Government of Tamil Nadu, represented by its Principal Secretary to Government Housing and Urban Development Department, Fort St.George, Chennai -600 009.

2. The Corporation of Chennai, Rep. by its Commissioner, Ripon Building, Page 1/8

Chennai - 600 003.

3. The Executive Engineer (Enforcement), Zone V, Corporation of Chennai, O/o Regional Deputy Commissioner (North), No.62, Basin Bridge Road, Chennai - 600 021.

4. Chennai Metropolitan Development Authority, Rep. by its Member Secretary, Thalamuthu Natarajan House, No.01, Gandhi Irwin Road, Ansari Estate, Egmore,

5. Manuchand Gulecha, S.o Late Umrochand Guleccha (R5 impleaded vide order dt.30.08.2022 made in WMP.7431/2022 in W.P.5352/2020 by TRJ & KBJ) ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the order passed by the 1st respondent vide Letter No.379/UDVI(2)/ 2017-4 dated 19.07.2019 and the consequential de-occupation Notice issued by the 3rd respondent vide Letter No.Dn.54/25/2019 dated 02.08.2019 quash the same and consequently forbear the Official Respondents from taking any coercive action gains the scheduled property situated at S.No.3/2 and 24, & 2A (Old No.1 & 2), Amman Koil Street (First Lane), Kondithopu, Chennai - 600 079 and or otherwise interfere with its functioning.

For Petitioner : Ms.R.A.Shinusha Page 2/8

For Respondents : Mr.E.Vijay Anand, Addl.Govt.Pleader for R1 Ms.P.T.Ramadevi for R2 & R3 Mr.R.Thamaraiselvan, Standing Counsel for R4 Mr.R.Surendrakumar for R5 W.P.No.5973 of 2020 M/s. Terapanth Educational and Medical Trust, rep. by its Chairman, Mr.Chaganmal Dhoka, S/o Misrimull Dhoka, No.32, Vadamalai Street, Sowcarpet (Kondithope), Chennai - 600 079.

... Petitioner Vs.

1. The Government of Tamil Nadu, represented by its Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai -600 009.

2. The Government of Tamil Nadu, represented by its Secretary to Government, Education Department, Fort St.George, Chennai - 600 009.

3. The Director of Matriculation School, Directorate of Matriculation Schools, DPI Campus, College Road, Page 3/8

Chennai - 600 006.

4. The District Educational Officer, Chennai North, villivakkam, Chennai - 600 049.

5. The Corporation of Chennai, Rep. by its Commissioner, Ripon Building, Chennai - 600 003.

6. The Executive Engineer (Enforcement), Zone V, Corporation of Chennai, O/o Regional Deputy Commissioner (North), No.62, Basin Bridge Road, Chennai - 600 021.

7. Chennai Metropolitan Development Authority, Thalamuthu Natarajan House, No.01, Gandhi Irwin Road, Ansari Estate, Egmore,

8. The Chief Educational Officer, Chennai District, Egmore,

9. Manuchand Gulecha, S.o Late Umrochand Guleccha (R9 impleaded vide order dt.30.08.2022 made in WMP.7434/2022 in W.P.5973/2020 by TRJ & KBJ) ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to Page 4/8

the order No.Na.Ka.No.1379/A1/2020 dated 13.01.2020 and Na.Ka.No.1379/A1/2020 dated 29.01.2020 passed by the 4th respondent and to quash the same and further direct the 3rd and 4th respondents not to take any coercive action against the petitioner's School and its smooth functioning till the disposal of the petitioner's regularisation application by the 7th respondent.

For Petitioner : Ms.R.A.Shinusha For Respondents : Mr.E.Vijay Anand, Addl.Govt.Pleader for R1, R2 to R4 & R8 Ms.P.T.Ramadevi for R5 & R6 Mr.R.Thamaraiselvan, Standing Counsel for R7 Mr.R.Surendrakumar for R9 COMMON O R D E R Learned counsel appearing for the petitioner seeks permission of this Court to withdraw these writ petitions. She has also made an endorsement to that effect.

2. In view of the submission and endorsement made by the learned counsel for the petitioner, the Writ Petitions are dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed. (J.N.B,J.) (N.M., J.) Index : Yes / No 17.07.2023 vsi Page 5/8

To

1. The Government of Tamil Nadu, represented by its Principal Secretary to Government Housing and Urban Development Department, Fort St.George, Chennai -600 009.

2. The Corporation of Chennai, Rep. by its Commissioner, Ripon Building, Chennai - 600 003.

3. The Executive Engineer (Enforcement), Zone V, Corporation of Chennai, O/o Regional Deputy Commissioner (North), No.62, Basin Bridge Road, Chennai - 600 021.

4. Chennai Metropolitan Development Authority, Rep. by its Member Secretary, Thalamuthu Natarajan House, No.01, Gandhi Irwin Road, Ansari Estate, Egmore,

5. The Government of Tamil Nadu, represented by its Secretary to Government, Education Department, Fort St.George, Chennai - 600 009.

6. The Director of Matriculation School, Directorate of matriculation Schools, DPI Campus, College Road, Page 6/8

Chennai - 600 006.

7. The District Educational Officer, Chennai North, villivakkam, Chennai - 600 049.

8. The Chief Educational Officer, Chennai District,Egmore, Page 7/8

J. NISHA BANU, J.

and N.MALA,J.

vsi 17.07.2023 Page 8/8