M/S.Sabari Supermarkets (P) v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.01.2017 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. Nos.7183 and 7199 of 2015 and 28496 of 2014, M.P.Nos.1, 2, 1 and 2 of 2015, M.P.No.1 of 2014 in W.P.No.19374 of 2014 and M.P.No.1 of 2014 in Rev.Aplw. SR 118794 of 2014 W.P.No.7183 of 2015
1. The Member Secretary,
2. R.Sriram (alias) Rajivakshan
3. M/s.Ramaniyam Real Estates Ltd.
Mr.V.Jagannathan.
4. Abbotsbury Owners Association,
5. M/s.Nilgiris Franchise Pvt. Ltd., Mr.C.Gopalakrishnan.
records of the 1st respondent contained in its Letter No.ESI/20075/2004 dated 09.03.2015 and quash the same. Mr.Suhrith Parthasarathy Mr.K.Raja Srinivas for R-1
W.P.No.7199 of 2015 R.Sriram (alias) Rajivakshan
1. The Member Secretary, Authority, Thalamuthu Natarajar Maligai, No.1, Gandhi Irwin Road,
2. Abbotsbury Owners Association,
3. M/s.Ramaniyam Real Estates Ltd.
Mr.V.Jagannathan.
records relating to the impugned de-occupation notice under Letter No.ESI/20075/2004 dated 09.03.2015 of the 1st respondent and quash the same.
M/s.AL.Gandhimathi Mr.K.Raja Srinivas for R-1 W.P.No.28496 of 2014
1. The Member Secretary,
2. R.Sriram (alias) Rajivakshan
3. M/s.Ramaniyam Real Estates Ltd.
Mr.V.Jagannathan.
4. Abbotsbury Owners Association,
5. M/s.Nilgiris Franchise Pvt. Ltd., Mr.C.Gopalakrishnan.
.. Respondents records of the 1st respondent contained in its Letter No.ESI/20075/2004 dated 09.03.2015 and quash the same. Mr.Suhrith Parthasarathy Mr.C.Johnson for R-1 M.P.No.1 of 2014 in W.P.No.19374 of 2014 R.Sriram (alias) Rajivakshan Vs.
1.Abbotsbury Owners Association Rep by its Authorised Signatory Mr.P.Vishwanathan No.74/42 C.P. Ramaswamy Road Alwarpet Chennai 18 2.The Member Secretary Chennai Metropolitan Development Authority No.1 Gandhi Irwin Road Egmore Chennai 8 3.M/s.Ramaniyam Real Estates Limited Rep by its Managing Director Mr.V.Jaggannathan Sruthi No.11 2nd Main Road Gandhi Nagar Adyar Chennai 20 Petitioner praying to pleased to grant further time to handover the vacant possessions up to 31.01.2015 in W.P.No.19374 of 2014 filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to restore the building, namely basement plus ground floor constructed in Block No.II at Door No.74/42, C.P.Ramaswamy Road, Alwarpet, Chennai 18 in accordance with the sanctioned plan issued by the 1st respondent and in terms of the order of this Honourable Court dated 4.1.2007 made in Writ Petition Nos. 41786, 41922, 36741 and 36742 of 2006.
: Mr.L.Chandrakumar For R1 : Mr.V.C.Janardhanan For R2 : Mr.K.Raja Srinivas For R3 : Mr.S.Sundaresan M.P.No.1 of 2014 in Rev.Aplw. SR 118794 of 2014
1. Abbotsbury Owners Association, Mr.P.Viswanathan, Chennai 18.
2. The Member Secretary,
3. R.Sriram (alias) Rajivakshan
4. M/s.Ramaniyam Real Estates Ltd.
Mr.V.Jagannathan, Chennai 20.
Petition filed under Section 151 of C.P.C., pleased to grant leave to Review Petition to file the present Review Petition. : Mr.K.A.Vimal Kumar For R1 : Mr.V.S.Janardhan For R2 : Mr.Sampath For R3 : Mr.L.Chandrakumar For R4 : Mr.S.Sundaresan
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The passage of time and the intermittent proceedings have resulted in a situation where the area in question is under lock and seal of the CMDA and even the parties, who had goods stored there, were permitted to remove the same. Thus, the only issue
remaining is that the area has to be restored to its use as per the approved plan.
2.The petitioners in the writ petitions are the owners and they may file necessary affidavit with the CMDA as to how much period of time would they require to restore that portion to its original use and for that purpose alone, the seal will be removed. Such an affidavit should be filed within fifteen (15) days from today, failing which it shall be assumed that the said petitioner is not interested in restoring the premises. In either eventuality, the CMDA would then be entitled to restore the portion to its original position and recover the costs from the owners.
3.Petitions, accordingly, stand disposed of. No costs. Consequently, connected miscellaneous petitions stand closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sra To The Member Secretary, +1cc to Mr.AL.Gandhimathi, Advocate, S.R.No.3369 +1cc to Mr.C.Johnson, Advocate, S.R.No.3293 +1cc to Mr.K.Raja Srinivas, Advocate, S.R.No.3252 +2cc's to Mr.Suhrith Parthasarathy, Advocate, S.R.Nos.3256 & 3257 W.P.Nos.7183 and 7199 of 2015 and 28496 of 2014 KJI(CO) CA(30/01/2017)