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Madras High CourtWMP/12891/2017dismissed

The Commissioner Of Tourism v. N.Madhavan S/O.K.Natesan,

2018-04-09Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Monday, the Ninth day of April Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE S.M.SUBRAMANIAM WMP.Nos.12891 & 9369 of 2017 in WMP.No.15997 & 15998 of 2016 in WP.Nos.18285 & 18286 of 2016 THE COMMISSIONER OF TOURISM [PETITIONER IN BOTH THE DEPARTMENT OF TOURISM, TAMILNADU PETITIONS] TOURISM COMPLEX, NO.2, WALLAJAH ROAD, CHENNAI-2.

Vs 1 N.MADHAVAN S/O.K.NATESAN, [1st RESPONDENT IN TOURIST OFFICER, GOVT. OF TAMIL NADU, WMP.12891/17] TOURIST OFFICE, DISTRICT COLLECTORATE, TIRUVARUR, 2 THE STATE OF TAMIL NADU [2 TO 4 RESPONDENT IN BOTH REP BY ITS ADDL. CHIEF SECRETARY TO GOVT.

THE PETITIONS] TOURISM, CULTURE & RELIGIOUS ENDOWMENTS DEPT., SECRETARIAT, FORT ST. GEORGE, CHENNAI-600 009 3 THE TOURIST OFFICER DIRECTORATE OF TOURISM, TAMILNADU TOURISM COMPLEX, WALAJA ROAD, CHENNAI-600 002 4 THE RESIDENT AUDIT OFFICER 224, SOUTH VELI STREET, MADURAI-1 D.VINCENT JOHN BRITTO [1st RESPONDENT IN S/O.DURAIRAJ, TOURIST OFFICER, WMP.9369/17] GOVT. OF TAMIL NADU, TOURIST OFFICE, DISTRICT COLLECTORATE, TIRUVARUR, Petitions praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to

(i)Vacate the Interim Stay granted on order dt. 19.05.2016 in WMP.No.15997 of 2016 in WP No.18285/2016 (in WP.No.12891/2017)and (ii)Vacate the Interim Stay granted on order dt. 19.05.2016 in WMP.No.15998 of 2016 in WP No.18286/2016 (in WP.No.9369/2017)respectively.

Order : These petitions coming on for orders upon perusing the petition and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.J.RAMESH, Government Advocate for the petitioner in both the petitions and of M/S.S.PUSHPAKARAN, Advocate for the 1st respondent in both the petitions the court made the following order:- The order of recovery in the subject matter of the Writ Petition. The interim stay of the recovery was granted by this Court on 19.05.2016. Therefore the same need not be vacated after a lapse of two years and the issues raised in the vacate stay petition shall be adjudicated at the time of disposal of the Writ Petition and accordingly vacate stay petition is dismissed.

The Writ Petition is directed to be listed for hearing after 4 weeks.

-sd/- 09/04/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE ADDITIONAL CHIEF SECRETARY TO GOVT. TOURISM, GOVERNMENT OF TAMIL NADU, CULTURE & RELIGIOUS ENDOWMENTS DEPT., SECRETARIAT, FORT ST. GEORGE, CHENNAI-600 009 2 THE TOURIST OFFICER DIRECTORATE OF TOURISM, TAMILNADU TOURISM COMPLEX, WALAJA ROAD, CHENNAI-600 002

3 THE RESIDENT AUDIT OFFICER 224, SOUTH VELI STREET, MADURAI-1 C.C. to M/S.S.PUSHPAKARAN, Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP.Nos.12891 & 9369 of 2017 in WMP.No.15997 & 15998 of 2016 in WP.Nos.18285 & 18286 of 2016 Date :09/04/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(11/04/2018)