Nagalapuram Thangavelu Chettiars v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.18668, 18669 & 18676 of 2023 "Nagalapuram Thangavelu Chettiar's Poonamallee Thirukachi Nambi's Festival Charities" represented by its Managing Trustee Thiru.E.Karthik, Son of R.G.Elumalai, residing at New No.24, Old No.1226, 20th Main Road, Anna Nagar West, Chennai - 40.

... Petitioner Vs.

1.The District Collector, Thiruvallur, Master Plan Complex NH 205, Chennai - Tiruttani Hwy, Thiruvallur - 602 001.

2.The Special District Revenue Officer, Chennai Metro Rail Scheme, 3.The District Revenue Officer, Chennai Metro Rail Scheme,

4.The Special Tahsildar, Chennai Metro Rail Limited (2nd Floor), 5.The Principal Secretary/Managing Director Chennai Metro Rail Limited, Admin Building CMRL Depot, Poonamalle High Road, 6.Arulmighu Thirukachi Nambigal and Varadharaja Perumal Thirukkoil, represented by its Executive Officer Sannadhi Street, Poonamalle, Chennai - 600 056.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the entire records relating to the proceedings of the 3rd respondent in Summon in Na.Ka.No.004/2020 dated 06.05.2022 and Summon-2 issued by the 2nd respondent in Na.Ka.No.003/L.A/CMRL/2020 dated 13.06.2022 in respect of the property situate at Door No.9, Sannadhi Street, Poonamalle, Chennai - 600 056, Poonamalle Village, Poonamalle Municipality, Thiruvallur District, comprised in Survey Number 1333/2 of an extent of approximately 960 Sq.ft., and quash the same.

For Petitioner : Mr.M.Kempraj For R1 to R4 : Mr.C.Jayaprakash Government Advocate

For R6 : Mr.K.Karthikeyan Government Advocate [H.R.&.C.E]

O R D E R

The enquiry notice issued by the third respondent in proceedings dated 06.05.2022 is under challenge in the present writ petition.

2. The petitioner themselves admitted the fact that they have participated in process of enquiry and the District Revenue Officer had already passed final orders and the compensation also has already been paid. Therefore, challenging the enquiry notice in the present writ petition lost its relevance and more so, if any grievance exists for the petitioner, he may challenge the final orders passed or by preferring an Appeal contemplated under the Statutes.

3. Contrarily, the present writ petition filed challenging the enquiry notice is not entertainable, since the petitioner had already participated in the enquiry and submitted their defence before the third respondent. Since the petitioner has not made out any cause for entertaining the writ petition, no further adjudication is required.

4. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 03.07.2023 Jeni Index : Yes Speaking order To 1.The District Collector, Thiruvallur, Master Plan Complex NH 205, Chennai - Tiruttani Hwy, Thiruvallur - 602 001.

2.The Special District Revenue Officer, Chennai Metro Rail Scheme, 3.The District Revenue Officer, Chennai Metro Rail Scheme, 4.The Special Tahsildar, Chennai Metro Rail Limited (2nd Floor),

5.The Principal Secretary/Managing Director Chennai Metro Rail Limited, Admin Building CMRL Depot, Poonamalle High Road, 6.The Executive Officer Arulmighu Thirukachi Nambigal and Varadharaja Perumal Thirukkoil, Sannadhi Street, Poonamalle, Chennai - 600 056.

S.M.SUBRAMANIAM, J.

Jeni 03.07.2023