A.Moolraj Singhvi v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2015

CORAM

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P.No. 8128 of 2015 A.Moolraj Singhvi

...Petitioner

Vs.

1 State of Tamilnadu, Repd. by the Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2 The Chennai Metropolitan Development Authority, Repd. by its Member Secretary, Thalamuthu Natarajan Building, Egmore, Chennai-600 008.

3 Assistant Engineer (Highways), Chennai Metropolitan Development Plan (CMDP) Sub Division 14, Division 3, HRS Compound, Patel Road, Guindy, Chennai-25.

...Respondents

This writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of Certiorarified Mandamus calling for the records of the third respondent in order dated 16.02.2015 and quash the same and consequently restrain the respondents, their men, servants, representatives, agents or employees or any other person acting for or on behalf of the respondents from interfering with the enjoyment and peaceful possession of the petitioner and/or persons claiming through or under him of the land admeasuring 1238 sq.ft. situated at T.S.No.1/14 Block No.3 of Vada Agaram Village, Door No.639,

Poonamallee High Road, Aminjikkarai, Chennai-600 029 without following the due process of law.

For Petitioner :

Mr. Subhana Nair for M/s. Satish Parasaran For Respondents : Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader - R1 & R3 Mr. K. Raja Srinivas - R2

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) This writ petition is filed to quash the order of the third respondent dated 16.02.2015 and consequently direct the respondents from interfering with the enjoyment and peaceful possession of the petitioner and/or persons claiming through or under him of the land admeasuring 1238 sq.ft. situated at T.S.No.1/14 Block No.3 of Vada Agaram Village, Door No.639, Poonamallee High Road, Aminjikkarai, Chennai-600 029 without following the due process of law.

2. The issue involved in this writ petition has already been taken up on appeal and the same was rejected by the appellate authority/ first respondent vide order dated 11.11.2005. The said order was not questioned and has attained finality.

3. In such view of the matter, this writ petition stands dismissed as not maintainable. Consequently, connected miscellaneous petitions are dismissed. No costs.

Sd/- Assistant Registrar(R) //True Copy// Sub Assistant Registrar ra

To 1 The Secretary to Government, State of Tamilnadu, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2 The Member Secretary, The Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, Egmore, Chennai-600 008.

3 Assistant Engineer (Highways), Chennai Metropolitan Development Plan (CMDP) Sub Division 14, Division 3, HRS Compound, Patel Road, Guindy, Chennai-25.

1 CC to M/s. Satish Parasaran, Advocate SR.No. 21656 1 CC to Mr. K. Raja Srinivas, Advocate SR.No. 21399 1CC to the Government Pleader SR 21413 W.P.No. 8128 of 2015 RJ (CO) PSI (14.05.2015)