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Madras High CourtWP/12744/2018dismissed

G.Palanisamy v. The Commissioner

2018-06-18Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA W.P.Nos.12744 to 12758 of 2018 & W.P. No.11559 of 2018 and W.M.P. Nos.14933, 14935, 14937, 14939, 14941, 14943, 14945, 14947, 14949, 14951, 14953, 14955, 14957, 14959 and 14961 of 2018 and W.M.P. Nos.13514 of 2018 G.Palanisamy ... Petitioner in WP.No.12744/18 K.Ranganathan ... Petitioner in WP.No.12745/18 V.R.N.Kamaraj ... Petitioner in WP.No.12746/18 K.Banu ... Petitioner in WP.No.12747/18 P.Mohan ... Petitioner in WP.No.12748/18 G.Revathy ... Petitioner in WP.No.12749/18 T.Punniyakotti ... Petitioner in WP.No.12750/18 G.Boopathy ... Petitioner in WP.No.12751/18 G.Jaganathan ... Petitioner in WP.No.12752/18 B.Menaga W/o. Balaraman ... Petitioner in WP.No.12753/18 B.Menaga ... Petitioner in WP.No.12754/18 D.Vedagiri ... Petitioner in WP.No.12755/18 V.Argammal ... Petitioner in WP.No.12756/18 P.Elangovan ... Petitioner in WP.No.12757/18 Mrs.Bankaru ... Petitioner in WP.No.12758/18 E.Nandakumar ... Petitioner in WP.No.11559/18 Vs

1.The Commissioner, 2.The Joint Commissioner, 3.The Executive Officer, Arulmighu Yoga Narasimhaswami Thirukkoil, Velachery, Chennai - 600 042.

... Respondents in all WPs Prayer :Writ Petition No.12744 of 2018 filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent in Letter No.63/1426 dated 01.02.2017 and the consequential order the third respondent 'NOTICE' dated 28.02.2018, quash the same with consequential direction directing the respondents to measure the extent of land in possession of the petitioner in his presence and fix the prevailing market value after giving the petitioner an opportunity to raise objections to the value to be fixed.

Common Prayer in WP.12745 to 12758 and 11559 of 2018: These Writ petitions are filed unde Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus Calling for the records of the third respondent in letter No.56/1426, 30/1426, 60/1426, 61/1426, 67/1426, 57/1426, 30/1426, 60/1426, 61/1426, 67/1426, 57/1426, 58/1426, 31/1426/, 51/1426, 29/1426, 56/1426, 55/1426, 54/1426, 59/1426 and 32/1426 respectively all dated 01.02.2017 and the consequential order of the third respondent dated 28.02.2018 quash the same with a consequential direction directing the respondents to measure the extent of land in possession of the petitioner in his presence and fix the prevailing market value after giving the petitioner an opportunity to raise objections to the value to be fixed. For Petitioner : Ms.Dakshayani Reddy For Respondents 1 & 2 : Mr.M. Maharaja, Special Government Pleader For Respondent 3 : Mr.A.K.Sriram for M/S.A.S.Kailasam and Associates.

C O M M O N O R D E R The Writ Petitions have been filed challenging the letters dated 01.02.2017 and the consequential 'NOTICE' dated 28.02.2018 of the third respondent issued to the petitioners and to quash the same and for further direction, directing the respondents to measure the extent of lands in possession of the petitioners and fix the prevailing market value after giving them an opportunity to raise objections to the value to be fixed. 2.

Ms.Dakshayani Reddy, learned counsel appearing for the petitioners in all the Writ Petitions fairly submitted that the direction given by this Court granting an order of stay dated 23.05.2018, subject to the deposit of 50% of the amount claimed by the HR & CE Department in the notices within a period of three weeks i.e., on or before 13.06.2018, could not be complied with by the petitioners. She further submitted that some of the petitioners have deposited only 10% of the amount claimed by the HR & CE Department whereas some of them have not deposited any amount.

3.

Heard the learned Special Government Pleader appearing for the respondents 1 and 2 as well as the learned Counsel for the 3rd respondent.

4.

Under such circumstance, this Court is of the view that the Writ Petitions are liable to be dismissed, in view of the non-compliance of the order passed by this Court dated 23.5.2018. Accordingly, the Writ Petitions stand dismissed. No Costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar rkp/ tsi To 1.The Commissioner,

2.The Joint Commissioner, +1cc to Mr.Dakshayani Reddy, Advocate SR.No.38582 +1cc to Mr.A.S.Kailasam & Associates, Advocate SR.No.38100 +1cc to Special Government Pleader(HR & CE) SR.No.38377 W.P.Nos.12744 to 12758 of 2018 & W.P. No.11559 of 2018 and Connected WMPs RV(CO) GN(02/07/2018)