C.P.Chandrasekaran, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-03-2025
CORAM
THE HONOURABLE MR JUSTICE M. SUNDAR AND THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI WP No. 17931 of 2018 & W.M.P.No.39651 of 2024
1. C.P.Chandrasekaran, No.41, Amman Koil Street, K.K.Palayam, Tambaram West, Chennai-600 045.
.... Petitioner(s) Vs
1. The District Collector, District Collectorate, Kancheepuram District.
2.The Commissioner, Tambaram Municipality, No.1, Muthuranga Mudhali Street, Tambaram West, Tambaram, Chennai-600 045.
3.Town Planning Officer, Tambaram Municipality, No.1, Muthuranga Mudhali Street, Tambaram West, Tambaram, Chennai-600 045.
4.Tahsildhar, Office of the Tahsildhar, Tambaram West, Tambaram Chennai-600 045.
5.Inspector, S11 Police Station, Tambaram West, Tambaram Chennai-600 045.
6.ARULMIGU SHRI ELLAIAMMAN TEMPLE, REP.
BY ITS CHAIRMAN, R.PANDURANGAN, Kadapperi Kanadapalayam, Tambaram West, Chennai-600 045.
( R6 IMPLEADED VIDE ORDER DT 02/02/2021 MADE IN WMP.21427/2018 IN WP.17931/2018 ) Respondent(s) For Petitioner(s):
Mr.K.R.Arun Shabari For Respondent(s): Mr.T.K.Saravanan Addl. Government Pleader for R1 and R4 Mr.P.Srinivas Standing counsel for R2 and R3
Mr.M.Babu Muthu Meeran Additional Public Prosecutor for R5 Mr.G.Karthikeyan Senior counsel for Mr.D.Arun Kumar for R6
ORDER
(Order of the Court was made by M.SUNDAR, J.) Captioned main writ petition was disposed of by another Hon'ble 2024:MHC:1026).
2. Thereafter, R6 carried the matter to Hon'ble Supreme Court and Hon'ble Supreme Court made an order dated 10.07.2024, which reads as follows:
3. Pursuant to order of Hon'ble Supreme Court, R6 has filed WMP No.39651 of 2024 with a recall prayer i.e., a prayer to recall order dated 13.02.2024 made by other Hon'ble Division Bench.
4. Notification No.57 of 2025 operating from 03.03.2025 says that review/clarification/modification applications / petitions shall go before the Roster Bench only when the Judges concerned are not available on account of elevation, transfer or retirement but it is noticed that both Hon'ble Judges, who constituted the Division Bench, which made the 13.02.2024 order, are now sitting in the Principal Seat and as per Roster they continue to constitute a Division Bench.
5. Mr.K.R.Arun Shabari, learned counsel for writ petitioner, Mr.T.K.Saravanan, learned Additional Government Pleader for R1 and R4, Mr.P.Srinivas, learned Standing counsel for R2 and R3 (Tambaram Municipality), Mr.M.Babu Muthu Meeran, learned Additional Public Prosecutor for R5 and Mr.G.Karthikeyan, learned Senior counsel
appearing on behalf of Mr.D.Arun Kumar, counsel on record for R6 are before us.
6. All the aforementioned learned counsel submit that it is desirable that recall petition is listed before the same Hon'ble Division Bench. However, the aforementioned notification does not specifically mention about recall petitions. As recall petitions are akin to review/clarification, we direct the Registry to place this matter before, Hon'ble Chief Justice along with proceedings made by us and seek suitable orders regarding listing.
(M.S.J.) (K.G.T.J.) 17.03.2025 gpa
M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J., gpa in W.M.P.No.39651 of 2024 17.03.2025