M/S.The Federation Of Civic & v. The Director General,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22-02-2017 Coram THE HONOURABLE MR. JUSTICE B. RAJENDRAN W.P.No.2940 of 2017 M/s. The Federation of Civic and Welfare Associations of Pallavaram Municipality (Registration No.175 of 1986) PallavaramNagaraKudiyiruporNalavazhvu SangangalinInaippuMaiyam Rep. by its Secretary Having its Office at No.66, II Cross Street AGS Colony, Chromepet Chennai - 600 044 .. Petitioner Vs.
1.
The Director General Archeological Survey of India Government of India New Delhi The Archeological Survey of India Chennai Circle, Govt of India Rep. by its Superintending Archeologist Fort St. George, Secretariat, Chennai - 600 009 3.
The District Collector District of Kancheepuram 4.
The Revenue Divisional Officer Tambaram Chennai .. Respondents * * * Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus by directing the first respondent to pass orders on the representation dated 03-03-2015 of the petitioner by declaring the areas in S.No.63 and S.No.56 in Zamin Pallavaram has DeProtected sites, on the basis of the survey reports dated 11-072014 and 30-07-2014 of the second respondent, within the time frame stipulated by this Court.
* * *
For Petitioner : Mr. Venkatachalapathy, SC for Mr. Rajeni Ramadass For Respondents : Mr. Su. Srinivasan, Addl.Solicitor General for RR1 and 2 Mr. A. Kumar, Spl.G.P. for RR3 and 4 * * *
ORDER
The petitioner has filed this writ petition praying for a writ of mandamus directing the first respondent to pass orders on the representation dated 03-03-2015, of the petitioner by declaring the areas in S.No.63 and S.No.56 in Zamin Pallavaram has De-Protected sites, on the basis of the survey reports dated 11-07-2014 and 30-07-2014 of the second respondent, within the time frame stipulated by this Court.
The learned counsel for the petitioner stated that already they have filed W.A.No.187 of 2017 and the writ appeal is pending before the Honourable Bench. The said writ appeal is filed against the order of this Court in W.P.No.38627 of 2016 dated 14-12-2016, wherein the petitioner, Vael's Educational Trust rep. by Managing Trustee has prayed for a Writ of Mandamus, directing the respondents to process the Form I application submitted by the Petitioner Trust, dated 06.05.2011 and grant appropriate No Objection certificate / Permission to the Petitioner Trust for construction of School in the lands bearing S.No.41/1 Part, at Zamin Pallavaram Village, The Pallavaram Municipality, belonging to the Petitioner Trust and appellant in the said writ appeal is M/s.Veetu Urimiyalargal Nalasangam, Gandhi Nagar, Old Pallavaram, Chennai.
The learned counsel for the petitioner would submit that the said writ appeal is listed before the Honourable Division Bench on 28-022017. In view of the said submission that a writ appeal is pending on similar grounds, the learned counsel submitted that the present petition may be dismissed as withdrawn and the petitioner may be permitted to raise all these points raised in this petition before the Honourable Bench.
3.
Recording the abovesaid submission, the writ petition is dismissed as withdrawn. However, there will be no order as to costs. The connected W.M.P.No.2828 of 2017 is also dismissed.
glp Sd/- Assistant Registrar (CS III) /TRUE COPY/ Sub-Assistant Registrar To 1.
The Director General Archeological Survey of India Government of India New Delhi The Superintending Archeologist Archeological Survey of India Chennai Circle, Govt of India Fort St. George, Secretariat, Chennai - 600 009 3.
The District Collector District of Kancheepuram 4.
The Revenue Divisional Officer Tambaram Chennai +1 CC to Mr.Su. Srinivasan Advocate SR.NO.11271 W.P.No.2940 of 2017 BR[CO] MK:14/03/2017