J.Rahuman Hussain v. The Principal Secretary/Member-Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU J.Rahuman Hussain ..

Petitioner Vs.

1. The Principal Secretary/Member Secretary Chennai Metropolitan Development Authority Rep. by its Chairman No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

2. The Commissioner Corporation of Greater Chennai Rippon Buiidings, Chennai 600 003.

3. The Director Directorate of Town and Country Planning Department 2nd, 3rd & 4th Floor CYE Market Road Koyembedu.

4. The Executive Engineer

5. The Zonal Officer

6. The Manager Bank of Baroda Kilpauk Branch Formerly Vijaya Bank 703, PH Road, Aminjikarai Chennai 29.

7. K.M.H. Mohamed Kassim Abdulla ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the first and second respondent to dispose the petitioner representation dated 01.04.2023 in accordance with law.

For the Petitioner : Mr.M.Jaikumar For the Respondents : Mr.A.Arunbabu for Respondent-2 Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondent-3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.M.Jaikumar, learned counsel for the petitioner, Mr.A.Arunbabu, learned counsel for the second respondent and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the third respondent.

2. Learned counsel for the petitioner submits that the seventh respondent is trying to develop the property. Proceedings are pending before the Debts Recovery Tribunal.

3. Learned counsel for the petitioner does not dispute that sale certificate is issued in favour of the seventh respondent in the sale proceedings under the SARFAESI. Even according to the petitioner, proceedings are pending before the Debts Recovery Tribunal.

4. In that event, the petitioner can file appropriate application before the Debts Recovery Tribunal in the proceedings that may be

pending.

5. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 05.06.2023 Index :

Yes/No :

Yes/No kpl

To

1. The Principal Secretary/Member Secretary Chennai Metropolitan Development Authority Rep. by its Chairman No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

2. The Commissioner Corporation of Greater Chennai Rippon Buiidings, Chennai 600 003.

3. The Director Directorate of Town and Country Planning Department 2nd, 3rd & 4th Floor CYE Market Road, Koyembedu.

4. The Executive Engineer

5. The Zonal Officer

6. The Manager Bank of Baroda Kilpauk Branch Formerly Vijaya Bank 703, PH Road, Aminjikarai Chennai 29.

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

(kpl) 05.06.2023