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Madras High CourtWP/18395/2017disposed of

S.Sushil Kumar, v. The Commissioner,

2017-11-17Honourable Mr Justice S. Vaidyanathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.18395 of 2017 & W.M.P.Nos.19963, 19964 and 26108 of 2017 S.Sushil Kumar ..Petitioner

Versus

1.The Commissioner Greater Chennai Corporation Rippon Buildings Park Town Chennai 3.

2.The Regional Deputy Commissioner Greater Chennai Corporation Zone V, Chennai 3.

3.Mrs.Rekha Devi ..Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records of the second respondent in notice No.ZOV.C.No/9809/2017 dated 05.07.2017 and quash the same and thereby direct the respondents not to interfere in the peaceful possession and enjoyment of the demised premises in Door.No.1, Krishnappa Maistry Street, 3rd Floor, Park Town Chennai-3. For Petitioner : Mr.N.Suresh For RR1 & 2 : Mr.T.C.Gopala Krishnan for Corporation For R3 : Mrs.Rita Chandrasekar for Mrs.Aiyar and Dolia

O R D E R

When the matter is taken up for hearing, it is represented by both the learned counsel for the petitioner and the learned counsel for the 3rd respondent that the petitioner and the 3rd respondent have entered into a joint memo of compromise, dated 17.11.2017 signed by them and their counsel and the contents of the same are extracted below: "The petitioner and 3rd respondent submits as follows:

1) The writ petitioner is seeking to quash the proceedings of the 2nd respondent bearing Notice No.ZOV.C.No/9089/2017, dated 05.07.2017. This Hon'ble Court while admitting the Writ Petition granted an order of interim stay in WMP.No.19964 of 2017 on 19.07.2017 thereby staying all further proceedings of the impugned notice of the 2nd respondent pending disposal of the writ petition.

2) In order to give a quietus to the litigation, the petitioner and 3rd respondent herein state that they have settled their disputes. In lieu of the agreed terms, the petitioner withdraws the present writ petition and undertakes not challenge the Proceedings of the 2nd respondent before any Competent Authority. The petitioner undertakes to hand over vacant possession of the subject property to the 3rd respondent within 7 days from the date of signing this Joint Memo of Compromise.

3) The 3rd respondent undertakes to withdraw RCOP No.1007 of 2017 filed for Demolition and Reconstruction pending on files of X Rent Controller, Small Causes Court, Chennai on getting back vacant possession. Similarly, the petitioner shall withdraw RCOP No.1060 of 2017 pending before the XIII Small Causes Court,

Chennai without any conditions.

4) Both the parties to this document agrees that there shall not be any claim in the present or future against each other pertaining to the petition premises.

The Hon'ble Court may be pleased to take on record this Joint Memo of Compromise and dispose of the Writ Petition in terms thereof and pass appropriate orders and thus render justice."

2. In view of the above Joint Memo of Compromise, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

17.11.2017 pvs To 1.The Commissioner Greater Chennai Corporation Rippon Buildings Park Town, Chennai 3.

2.The Regional Deputy Commissioner Greater Chennai Corporation Zone V, Chennai 3.

S.VAIDYANATHAN , J., pvs W.P.No.18395 of 2017 17.11.2017