Kayes Estates, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25/11/2015 C O R AM THE HONOURABLE Mr.JUSTICE T.SIVAGNANAM W.P.No.37433 of 2015 Kayes Estates rep. By its Managing Partner Mr.B.Kulashekar No.3/58 Thiruvalluar Salai Kumaran Nagar Chemmencherry Chennai 600 119.

...Petitioner

Vs

1. The Commissioner Corporation of Chennai Ribbon Buildings Poonamallee Road Chennai 600 003.

2. M/s.Casa Grande Private Limited rep. By its Director Mr.k.R.Anerudan No.3/5 Dr.Radhakrishnan nagar Second Street Thiruvanmiyur Chennai 600 041.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to consider the petitioner's representation dated 14/9/2014 in accordance with law.

For petitioner :

Mr.S.Ramajayam For respondents :

Mr.P.V.Selvakumar for R.1.

O R D E R

With the consent of the learned counsel appearing for the parties, this writ petition is taken up for final disposal, at the admission stage itself.

2.

Heard Mr.S.Ramajayam for the petitioner and Mr.P.V.Selvakumar for the first respondent.

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3. The petitioner seeks for the issuance of a writ of mandamus to direct the first respondent to consider the petitioner's representation dated 14/9/2014 in accordance with law.

4. The petitioner, which is the land owners of vast extent of lands entered into an agreement with the second respondent. Now, the petitioner seeks for a direction to the respondent Corporation to consider his representation dated 14/9/2014, wherein the allegation was made that the second respondent has forged the signature of the Managing Director. Unless and until the forgery and fraud is established before the competent criminal forum, the question of now directing the first respondent to consider the representation of the petitioner does not arise. It is admitted by the learned counsel for the petitioner that the criminal proceedings are in progress. Hence at this stage of the matter, this Court is not inclined to pass any orders.

5. Accordingly, this writ petition is dismissed. The dismissal of the writ petition will not prevent the petitioner from approaching the authorities after the criminal forum conclude the proceedings with regard to forgery and fraud. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mvs.

To The Commissioner Corporation of Chennai Ribbon Buildings Poonamallee Road Chennai 600 003.

1 CC to Mr.P.V.Selvakumar, Advocate SR.No. 63971 1 CC to Mr.S.Ramajayam, Advocate SR.No. 63822 W.P.No.37433 of 2015 VS (CO) PSI (08.12.2015) https://hcservices.ecourts.gov.in/hcservices/