Gokul v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & W.M.P.No.20146 of 2021 in W.P.No.18871 of 2021 Gokul S/o.Kumar ... Petitioner vs.

1. The Commissioner Greater Chennai Corporation Rippon Building Chennai

2. Zonal Officer Zone-6 Greater Chennai Corporation No.158, Strahans Salai Pattalam Chennai - 600 012

3. Arulmighu Dharmaraja Vembulingam Temple Rep. By its Executive Officer 98, Vijaya Vinayagar Koil Street Chennai - 600 112 ... Respondents Page Nos.1/6

(R3 suo motu impleaded vide order dated 08.09.2021) Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandmus calling for the records pertaining to the Impugned Notice issued by the 2nd respondent against the Petitioner vide Na. Ka. No. A / 4368 / 2021 dated 14.07.2021 and quash the same and further forbearing the respondents from demolishing the building and removing the superstructure of the Petitioner situated in the property belongs to Arulmigu Dharmaraja Vembuliamman Thirukoil Comprised in Survey No. 1368 / 3, Purasawalkam Taluk, Vepery, Ward No. 001, Block No. 35, within the sub-registration district of Purasawalkkam, Chennai For Petitioners :

No appearance For Respondents :

Ms.E.Abinaya Lakshana for Mr.E.C.Ramesh Standing counsel for R1 and R2 R3- No appearance

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Read this in conjunction with and in continuation of earlier proceedings made in the listing on 21.03.2025, which reads as follows: ' W.P.No.18871 of 2021 W.M.P.No.20146 of 2021 M.SUNDAR, J., K. GOVINDARAJAN THILAKAVADI , J., Page Nos.2/6

[Order of the Court was made by M.SUNDAR. J.,] There is no representation for writ petitioner.

2. Mr.T.K.Saravanan, learned Additional Government Pleader for all three respondents is ready and it is pointed out by learned State Counsel that an order of status quo is operating in favour of writ petitioner.

3. However, with the intention of giving an opportunity to writ petitioner and learned counsel for writ petitioner, list this matter on Monday but under the cause list caption 'FOR DISMISSAL'.

List on 24.03.2025.'

2. Pursuant to aforementioned proceedings, captioned matter is listed under the cause list caption 'FOR DISMISSAL' today but the position is no different today as regards the writ petitioner. In other words, there is no representation for writ petitioner today also. To be noted, there is no representation either in the physical Court or on the 'VC' ['Videoconferencing'] platform. As a matter of abundant caution, this Court Page Nos.3/6

verified if some other counsel, who have logged in on the VC Platform and who are waiting for their matter to be called, are able to interact with the Court. We found that the other counsel, who have logged in for other matters, are able to interact with the Court and represent on the VC.

3. As regards the respondents, Ms.E.Abinaya Lakshana, learned counsel representing Mr.E.C.Ramesh, learned Standing counsel for R1 and R2 is before but there is no representation for R3. In the light of the narrative thus far, captioned WP and captioned WMP thereat are dismissed for default i.e., for not being pursued. There shall be no order as to costs.

(M.S.,J.) (K.G.T.,J.) 24.03.2025 Index : Yes/No gpa Page Nos.4/6

To

1. The Commissioner Greater Chennai Corporation Rippon Building Chennai

2. The Zonal Officer Zone-6 Greater Chennai Corporation No.158, Strahans Salai Pattalam Chennai - 600 012 Page Nos.5/6

M.SUNDAR, J., K.GOVINDARAJAN THILAKAVADI, J., gpa 24.03.2025 Page Nos.6/6