G.Suriyanarayanan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.11460 of 2021:

G.Suriyanarayanan ..

Petitioner Vs 1.State of Tamil Nadu, rep. by its Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Secretariat, Fort. St. George, Chennai-600 009.

2.The Chairman-cum-Managing Director, Chennai Metropolitan Development Authority, Thalamuthu Natarajar House, No.1, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai-600 008.

3.The Chairman, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Near Vivekananda House, Ayothiya Nagar, Triplicane, Chennai-600 005.

4.The Commissioner, Greater Chennai Corporation, Ripon Building, 1st Floor, Raja Muthiah Road, Kannapar Thidal, Periamet, Chennai - 600 003.

5.The Estate Officer-I, Tamilnadu Slum Clearance Board, Civil Factory, Chennai-600 001.

6.The Zonal Officer, Zone 4, Greater Chennai Corporation, No.266, Thiruvottiyur High Road, Korukkupet, Old Washermenpet, Chennai-600 021.

7.M.Anandan ..

Respondents W.P.No.15360 of 2023:

M.Anandan ..

Petitioner Vs 1.The Additional Secretary (Technical), The Housing and Urban Development Department, Govt. of Tamil Nadu, Secretariat, Chennai-600 009.

2.The Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.

3.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennnai-600 003.

4.The Executive Engineer, Zone-4, Greater Chennai Corporation, No.266, Thiruvotriyur High Road, Chennai-600 021.

5.The Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Street, Chennai-600 005.

6.G.Sundaramma 7.Srinivasalu @ Issac ..

Respondents Prayer: W.P.No.11460 of 2021 filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 6 to remove the superstructure put up by the seventh respondent by illegally encroaching the Plot No.138 of Noon Meal Centre bearing No.120.81 (33603090427) run by the first respondent forthwith.

W.P.No.15360 of 2023 filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records of the culminating into the order bearing No.7739/UDVI(1) dated 30.12.2022 passed by the first respondent and quash the said order and consequently direct the third respondent to take immediate and appropriate legal action against the illegal construction put up by the family of the 6th and 7th respondents in the encroached land in and around Plot No.137, Ananthanayagi Nagar, 2nd Street C.B.Salai, Korukkupet, Chennai-600 021 in due compliance of the order dated 30.9.2022 passed in W.P.No.8112 of 2021.

W.P.No.11460 of 2021:

For the Petitioner : Mr.S.Prabhakaran for M/s.Paul and Paul J Hudson Samuel & Partners For the Respondents : Mr.U.Bharanidharan Addl. Government Pleader for respondent No.1 : No appearance for respondent No.2 : Mr.G.Sivakumar for respondent Nos.3 & 5 : Mr.A.Arunbabu for respondent Nos.4 & 6 : Mr.M.Aravind Subramanyam Senior Counsel for Mr.V.Haribabu for respondent No.7 W.P.No.15360 of 2023 :

For the Petitioner : Mr.M.Aravind Subramanyam Senior Counsel for Mr.V.Haribabu For the Respondents : Mr.U.Bharanidharan Addl. Government Pleader for respondent No.1 : No appearance for respondent Nos.2 & 5 : Mr.E.C.Ramesh for respondent Nos.3 & 4 : Mr.S.Prabhakaran for M/s.Paul and Paul J Hudson Samuel & Partners for respondent Nos.6 & 7

COMMON ORDER (Order of the court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner in W.P.No.11460 of 2021, on instructions, seeks leave to withdraw the writ petition.

2. In view of that, W.P.No.11460 of 2021 is dismissed as withdrawn.

3. Learned senior counsel for the seventh respondent in W.P.No.11460 of 2021 submits that the seventh respondent has also filed writ petition bearing W.P.No.15360 of 2023. Learned senior counsel also, on instructions, seeks leave to withdraw the said writ petition.

4. W.P.No.15360 of 2023 is not on board. At the request of learned senior counsel, the same is taken on board.

5. In view of the request made by learned senior counsel, W.P.No.15360 of 2023 is also dismissed as withdrawn.

There will be no order as to costs.

Consequently, W.M.P.Nos.14904, 14905, 14906 and 14907 of 2023 are closed. (S.V.G., CJ.) (P.D.A., J.) 12.06.2023 Index :

Yes/No :

Yes/No bbr To 1.The Secretary to Government, State of Tamil Nadu, Social Welfare and Nutritious Meal Programme Department, Secretariat, Fort. St. George, Chennai-600 009. 2.The Chairman-cum-Managing Director, Chennai Metropolitan Development Authority, Thalamuthu Natarajar House, No.1, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai-600 008.

3.The Chairman, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Near Vivekananda House, Ayothiya Nagar, Triplicane, Chennai-600 005.

4.The Commissioner, Greater Chennai Corporation, Ripon Building, 1st Floor, Raja Muthiah Road, Kannapar Thidal, Periamet, Chennai - 600 003.

5.The Estate Officer-I, Tamilnadu Slum Clearance Board, Civil Factory, Chennai-600 001.

6.The Zonal Officer, Zone 4, Greater Chennai Corporation, No.266, Thiruvottiyur High Road, Korukkupet, Old Washermenpet, Chennai-600 021.

7.The Additional Secretary (Technical), The Housing and Urban Development Department, Govt. of Tamil Nadu, Secretariat, Chennai-600 009.

8.The Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Street, Chennai-600 005.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr W.P.No.11460 of 2021 and 15360 of 2023 12.06.2023