P.Sugunama, v. The State Of Tamil Nadu Rep.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Friday, the Fifth day of January Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE M.VENUGOPAL AND THE HON`BLE MR JUSTICE S.VAIDYANATHAN WMP No.31693 of 2017 IN WP.15766 of 2017 P.SUGUNAMA [ PETITIONER ] Vs 1 THE STATE OF TAMIL NADU REP.
[ RESPONDENTS ] BY ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT (UD-VII(1) DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI 600 009.
2 CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY, REP. BY ITS MEMBER SECRETARY, THAZHMUTHU NATARAJAN MALIGAI, 1, GANDHI IRWIN ROAD, EGMORE, CHENNAI 600 008.
3 THE COMMISSIONER, CORPORATION OF CHENNAI, RIPON BUILDING, EVR PERIYAR SALAI, PARK TOWN, CHENNAI 600 003.
4 THE ASSISTANT ENGINEER, DIVISION 70 ZONE VI, CORPORATION OF CHENNAI, PERAMBUR, CHENNAI 11.
5 MR.AMARESAN, OLD NO. 78, NEW NO. 12, VADIVELU MAIN ROAD, PERAMBUR, CHENNAI 600 011.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Amend the Prayer in Affidavit and Petition in WMP No.17052 of 2017 in WP No.15766 of 2017 by mentioning as 5th Respondent instead of 4th Respondent as to grant an order of Interim Injunction restraining the 5th Respondent, his men, agents, servants or anyone from claiming under him from in any manner proceeding further with the unauthorized construction at rear side of premises bearing Old Door No. 78, New No.
12 Vadivelu main Road, Perambur, Chennai 11, Division-70, Zone-VI pending disposal of the Writ Petition - instead of the prayer - to grant an order of interim injunction restraining the 4th respondent, his men, agents, servants or anyone from claiming under him from in any manner proceeding further with the unauthorized construction at rear side of premises bearing Old No.78, New No.12 Vadivelu Main Road, Perambur, Chennai-11, Division-70 Zone VI pending disposal of the Writ Petition and thereby render justice" with corresponding modification of the order in WMP.17052 of2 017 in W.P.15766 of 2017 and permit to implead the 5th respondent Amerasan in the Contempt Petition No.1571 of 2017 (in WMP.31693/17 in WP.No.15766/17) (amended as per order dt 05.01.18 by MVJ & SVNJ in WMP.31693/17 in WP.
15766/17) Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.SREENEVASALU Advocate for the petitioner and of MR.A.N.THAMBIDURAI Special Government Pleader for 1st respondent and MR.C.JOHNSON Advocate for 2nd respondent and MR.V.C.SELVASEKARAN Advocate for 3 & 4 respondent and MR.R.KARTHIKEYAN Advocate for 5th respondent the court made the following order:- (Order of the Court was made by M.VENUGOPAL,J.) Mr.A.N.Thambidurai, learned Special Government Pleader takes notice for the 1st Respondent, Mr.C.Johnson, learned counsel takes notice for the 2nd Respondent/CMDA, Mr.V.C.Selvasekaran, learned counsel takes notice for Respondents 3 and 4 and Mr.R.Karthikeyan, learned counsel takes notice for the 5th Respondent. 2.
The Petitioner has filed the present Writ Miscellaneous Petition seeking to amend the prayer in the Affidavit and in the Petition in W.M.P.No.31693 of 2017 in W.P.No.15766 of 2017, by mentioning as 5th Respondent instead of 4th Respondent as to the grant of an order of Interim Injunction restraining the 5th Respondent, his men, agents, servants or anyone from claiming under him from in any manner proceeding further with the unauthorized construction at rear side of premises bearing Old No.78, New No.12, Vadivelu Main Road, Perambur, Chennai - 11, Division - 70 Zone VI, pending disposal of the Writ Petition, instead of the prayer to grant an order of interim injunction restraining the 4th respondent, his men, agents, servants or anyone from claiming under him from in any manner proceeding further.
3.
No counter is filed on behalf of the Respondents 1 to 5 and there is no serious objection on their part for this Court to allow the present Writ Miscellaneous Petition. 4.
Considering the fact that inadvertently, it was mentioned as 4th Respondent instead of 5th Respondent in W.M.P.No.17052 of 2017, this Court, by taking a lenient and liberal view, allows this Writ Miscellaneous Petition, in the interest of justice. 5.
Registry is directed to carry out necessary amendment and list the Writ Petition for hearing on 12.01.2018. -sd/- 05/01/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE SECRETARY, STATE OF TAMIL NADU HOUSING AND URBAN DEVELOPMENT (UD-VII(1) DEPARTMENT, SECRETARIAT, FORT ST.GEORGE, CHENNAI 600 009.
2 THE MEMBER SECRETARY, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY, THAZHMUTHU NATARAJAN MALIGAI, 1, GANDHI IRWIN ROAD, EGMORE, CHENNAI 600 008.
3 THE COMMISSIONER, CORPORATION OF CHENNAI, RIPON BUILDING, EVR PERIYAR SALAI, PARK TOWN, CHENNAI 600 003 4 THE ASSISTANT ENGINEER, DIVISION 70 ZONE VI, CORPORATION OF CHENNAI, PERAMBUR, CHENNAI 11.
5 MR.AMARESAN, OLD NO. 78, NEW NO. 12, VADIVELU MAIN ROAD, PERAMBUR, CHENNAI 600 011.
6 MR.A.N.THAMBIDURAI, SPECIAL GOVERNMENT PLEADER, HIGH COURT, CHENNAI-104.
C.C. to M/S.N.SREENEVASALU Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP.31693/2017 in WP.15766/2017 Date :05/01/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 10.01.2018