S.Nikila Devi v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2023 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.14281 of 2023 and W.M.P.No.13803 of 2023 S.Nikila Devi ....
Petitioner -Vs1 The Additional Chief Secretary Government of Tamil Nadu Secretariat Fort St. George Chennai 600 009.
2 The Director of Municipal Administration Municipal Administration and Water Supply (MA.IV) Department No.78 Urban Administrative Building Santhome High Road Chennai 600 028.
3 The Principal Secretary The Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009. 4 The Commissioner of Land Administration Land Administration Department, 2nd Floor Ezhilagam, Chepauk, Chennai 600005.
5 The District Collector Thiruvallur District 602001.
6 The Commissioner Survey and Settlement Survey Houser Chepauk Chennai 600 005.
7 The Thasildahr 1 / 6
Thiruvallur 602001.
8 M/s.Indian Bank Self Employment Training Institute (INDSETI) Rep. by its Director No.12/13 Ekkadu Road (Old S.P.Office) Thiruvallur 602 001.
9 The Commissioner Thiruvallur Municipality Thiruvallur. (R9 IMPLEADED VIDE ORDER DT 07.06.2023 MADE IN WMP.15738/2023 IN WP.14281/2023 BY NAVJ) ....
Respondents Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents to 1 to 5 their men, Subordinates,or agents from putting up construction of new bus stand over the extent of 5.00 acres in S.No.122/5 of Vedanginallur Village, Thiruvallur Taluk District being the lands belonging to the writ petitioner and also the subject matter of Survey and Settlement proceedings.
For Petitioner :
Mr.S.Rajasekar for Ms.R.Ragini For Respondents :
Mrs.S.Mythreye Chandru Special Government Pleader - for R1 to R7 Mr.P.Srinivas Standing Counsel - for R9
O R D E R
This writ petition has been filed for the issuance of a Writ of Mandamus forbearing the respondents from putting up any construction in the property situated at S.No.122/5 of Vedanginallur Village, Thiruvallur District measuring an extent of 5 acres.
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2. In the considered view of this Court, the petitioner has already filed a substantial writ petition which is pending in W.P.No.20773 of 2019. In the said writ petition, the very right that is claimed by the petitioner is in question. The grievance of the petitioner is that when this writ petition is pending, attempts are being made to put up construction of a new bus stand. That does not give a cause of action for the petitioner to maintain a fresh writ petition before this Court.
3. The Apex Court in Kala Bharati Advertising -vs- Hemant Vimalnath Narichnia reported in (2010) 9 SCC 437 has held that the forum of writ court cannot be used for the purpose of securing an interim relief, where the final relief is pending before the competent forum. This judgment was subsequently followed by this Court in P.Rajeswari -vs- Inspector General of Registration and Another reported in (2011) 3 MLJ 523.
4. The petitioner had already filed a writ petition, wherein the right claimed by the petitioner has to be decided. If in the meantime, any urgent interim orders are to be secured to safeguard the interest of the petitioner, an application / petition has to be filed in the pending writ petition and a fresh writ petition can never be entertained. The judgments stated supra will squarely cover the present case. 3 / 6
5. In the light of the above discussion, it is left open to the petitioner to move an appropriate petition in the pending writ petition in W.P.No.20773 of 2019. Except giving this clarity, there is no ground to keep this writ petition pending. In the result, the writ petition stands dismissed. Consequently, connected miscellaneous petition is also dismissed.
15.06.2023 Index : Yes/No KST 4 / 6
To 1 The Additional Chief Secretary Government of Tamil Nadu Secretariat Fort St. George Chennai 600 009.
2 The Director of Municipal Administration Municipal Administration and Water Supply (MA.IV) Department No.78 Urban Administrative Building Santhome High Road Chennai 600 028.
3 The Principal Secretary The Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009. 4 The Commissioner of Land Administration Land Administration Department, 2nd Floor Ezhilagam, Chepauk, Chennai 600005.
5 The District Collector Thiruvallur District 602001.
6 The Commissioner Survey and Settlement Survey House Chepauk Chennai 600 005.
7 The Thasildahr Thiruvallur 602001.
8 M/s.Indian Bank Self Employment Training Institute (INDSETI) Rep. by its Director No.12/13 Ekkadu Road (Old S.P.Office) Thiruvallur 602 001.
9 The Commissioner Thiruvallur Municipality Thiruvallur.
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N.ANAND VENKATESH, J.
kst 15.06.2023 6 / 6