R.Sundaravel v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:28.07.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.19193/2017 & WMP.Nos.20728 to 20730/2017 R.Sundaravel ..Petitioner Vs 1.The State of Tamil Nadu represented by its Secretary to Government, Housing and Urban Development [UD-VI[1]] Department Secretariat, Fort St George Chennai 600 009.
2.The State of Tamil Nadu represented by its Secretary to Government, Department of Revenue, Secretariat, Fort St George, Chennai 600 009.
3.The Commissioner of Land Reforms O/o.The Commissionerate of Land Reforms Ezhilagam, Chepauk, Chennai 600 005.
4.The District Collector Chennai District, Chennai 600 001.
5.The Commissioner of Corporation Rippon Buildings, Chennai 600 003.
6.The Chennai Metropolitan Development Authority rep.by its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai 600008.
7.The District Revenue Officer [Lands & Estates] Corporation of Chennai, Land and Estate Department, Rippon Buildings, Chennai 600003.
8.The Executive Engineer, Zone - IX Division 137, Corporation of Chennai, Chennai 600 003.
9.The Executive Engineer, Zone - X Corporation of Chennai No.117, NSK Salai, Kodambakkam, Chennai 600 024.
10.The Tahsildar Mambalam-Guindy Taluk Saidapet, Chennai 600015.
..
Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorarified mandamus calling for the records of the 1st respondent in G.O.[3D] No.36 dated 09.06.2015 and quash the same and to consequently direct the officials of the respondents 5 and 9 to de-seal the petitioner's premises at Old Door No.27, New Door No.7A/29, Maduraiveeran Koil Street, T.Nagar, Chennai-600017 and permit the petitioner to occupy the same without any let or hindrances in near future. For Petitioner : Mr.N.Muralikumaran for M/s. Mcgan Law Firm For RR 1 to 4 & 10 : Mr.A.N.Thambidurai, Spl.GP For R6 : Mr.N.Sampath For RR 5, 7 to 9 : Mr.A.Nagarajan
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.] After advancing the arguments for quite some time and knowing about the futility of the exercise, the learned counsel for the petitioner on instructions, seeks permission of this Court to withdraw this writ petition with a liberty to approach the respondents in the form of representation seeking to remove the belongings from the premises which is kept under lock and seal and also made an endorsement in the petition to that effect.
The Court heard the submissions of Mr.A.N.Thambidurai, learned Special Government Pleader accepting notice on behalf of the respondents 1 to 4 and 10 ; Mr.A.Nagarajan, learned Standing counsel accepting notice on behalf of the respondents 5 and 7 to 9 and Mr.N.Sampath, learned standing counsel appearing for the 6th respondent. In the light of the endorsement made, this writ petition is dismissed as withdrawn. If the petitioner is so advised, he is at liberty to submit representations to the respondents 8 and 9 for removal of the belongings within the time stipulated and as and when such representations are
received, it shall be considered by the respondents 8 and 9 in accordance with law and given disposal as expeditiously as possible. It is made clear that no liberty is granted to file a fresh writ petition on the same cause of action. No costs. Consequently, the connected miscellaneous petitions are also dismissed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar AP To 1.The Secretary to State of Tamil Nadu Government, Housing and Urban Development [UD-VI[1]] Department Secretariat, Fort St George, Chennai 600 009.
2.The Secretary to State of Tamil Nadu Government, Department of Revenue, Secretariat, Fort St George, Chennai 600 009.
3.The Commissioner of Land Reforms O/o.The Commissionerate of Land Reforms Ezhilagam, Chepauk, Chennai 600 005.
4.The District Collector Chennai District, Chennai 600 001.
5.The Commissioner of Corporation Rippon Buildings, Chennai 600 003.
6.The Member Secretary, Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore, Chennai 600008.
7.The District Revenue Officer [Lands & Estates] Corporation of Chennai, Land and Estate Department, Rippon Buildings, Chennai 600003. 8.The Executive Engineer, Zone - IX Division 137, Corporation of Chennai, Chennai 600 003.
9.The Executive Engineer, Zone - X No.117, NSK Salai, Kodambakkam, Chennai 600 024.
10.The Tahsildar Mambalam-Guindy Taluk, Saidapet, Chennai 600015.
+ 1 cc to Mr. N. Sampath, Advocate Sr.53884 + 1 cc to Government Pleader Sr.54416 + 1 cc to Mr.Mcgan Law Firm, Advocate SR.54640 WP.No.19193/2017 VGII(CO) EU 30.08.17