M/S.S.K.Sanjan Chettiar & Sons v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.13063 of 2013 S.K.Sanjan Chettiar & Sons rep. by its Managing Partner, S.R.Kumar 15, 1st Main Road, Chitlapakkam Chennai - 600 064.
.. Petitioner Vs
1. The Additional Chief Secretary/ Commissioner of Revenue Administration and Commissioner of Land Administration (I/c.) Chepauk, Chennai - 600 005.
2. The Collector Kancheepuram District at Kancheepuram.
3. The Revenue Divisional Officer Tambaram, Kancheepuram District.
4. The Tahsildar Tambaram Taluk Tambaram, Kancheepuram District.
5. The Chitlapakkam Town Panchayat rep. by its Executive Officer Tambaram Taluk Office Kancheepuram District.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the records relevant to the order in T1/3658/2013, dated 23.04.2013 passed by the 1st respondent confirming the order in Na.Ka.26601/2010/N1, dated 03.02.2013 but signed on 08.02.2013 by on behalf of the 2nd respondent but it was served on the petitioner a Xerox copy of the order on 11.02.2013 at 1.50 p.m. at the premises of the petitioner during the attempting of demolishing made by respondents 3 and 4 confirming the order dated 10.12.2009 issued under section 6 of the Tamil Nadu Land Encroachment Act 1905 served on the petitioner on 24.12.2009
passed by the fourth respondent and quash the same as illegal, improper, unreasonable, arbitrary and violative of principles of natural justice and thereby direct respondents 1 to 4 to grant leasehold right to be continued or to sell the property to the petitioner's company for appropriate costs.
For Petitioner : Mr.A.Rajesh Kanna For Respondents : Mr.R.Vijayakumar Addl. Government Pleader for respondents 1 to 4 Mr.R.Ravichandran for 5th respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioner seeks to withdraw the petition. He states that he will endeavour to persuade the competent authority, who owns the land, as to whether lease can be granted in his favour in respect of the land over which he had made construction and claims that the machineries are still lying there.
2. The petition is dismissed as withdrawn in the terms aforesaid. No costs.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To:
1. The Additional Chief Secretary/ Commissioner of Revenue Administration and Commissioner of Land Administration (I/c.) Chepauk, Chennai - 600 005.
2. The Collector Kancheepuram District at Kancheepuram.
3. The Revenue Divisional Officer Tambaram, Kancheepuram District.
4. The Tahsildar Tambaram Taluk Tambaram, Kancheepuram District.
5.
The Executive Officer Chitlapakkam Town Panchayat Tambaram Taluk Office Kancheepuram District.
+1 cc to Government Pleader,sr.70949 +1 cc to M/s.R.Ravichandran,advocate,sr.70359 sm(co) krd 15/12 W.P.No.13063 of 2013